As discussed earlier, this case is less likely to be interpreted as sexual harassment
because the gender of the victim and perpetrator are reversed. Additionally, it is not
clear whether the behavior is unwanted.
However, this is a situation with elements of both a hostile working environment and
quid pro quo. The subordinate begins to experience anxiety and the supervisor uses
stronger (more threatening) language on the fourth occasion. The combination of these
factors increases the likelihood that the courts might rule that this is a hostile work
environment.
The supervisor also raises the stakes on the fourth occasion. Given that consequences
are contingent upon "playing ball" this would be ruled as a quid pro quo case of
sexual harassment.
Under Supreme Court decisions in the summer of 1998, hostile work environment cases are
made more easily and the gender of the victim and perpetrator (traditionally female/male)
are not as important as they used to be.