If a "tangible employment action" is taken against the employee as a result of quid pro quo sexual harassment, the employer is liable even if they did not know about the harassment until afterwards. However, if a supervisor propositions an employee who refuses the advances and no tangible employment action is taken, the employer may be able to avoid liability if it took preventive and corrective action and the victim did not take advantage of a complaint procedure.

(Reviewed 9-08)