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Quid Pro Quo Vs. Hostile Environment Harassment

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In the first 12 years following the Vinson decision, the lower courts centered the issue of employer liability on the questions of quid pro quo versus hostile environment harassment. This meant that, if submitting to the harassment was as condition of employment, there was liability for the supervisor’s conduct. If not, the negligence standard would apply. This led to a variety of arguments that sought to stretch r shrink the definition of what constituted a quid pro quo claim. In 1998, the U.S. Supreme Court issued two decisions, further clarifying the issue of employer liability for supervisor harassment (Burlington Industries, Inc. v. Ellerth, 1998; Faragher v. City of Boca Raton, 1998). In these cases, the court distinguished between situations
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