Sexual harassment in the workplace is a serious issue that can lead to lasting consequences for both individuals and organizations. One type of sexual harassment that can lead to workplace complaints and even litigation is quid pro quo harassment. You may have heard the term used in legal settings, but what is quid pro quo harassment?
Understanding Quid Pro Quo Harassment
Quid pro quo is a Latin phrase that translates to “something for something” or “this for that.” In the context of harassment, it refers to a situation where an authority figure, such as a manager, a supervisor, or an employer, offers or withholds workplace opportunities based on an employee’s agreement to provide sexual favors.
For example, a supervisor may suggest that an employee will receive a raise or promotion if they engage in a sexual act or offer sexual advances. Quid pro quo harassment can also occur if an employee is threatened with negative consequences, such as job loss, denial of a promotion, or other forms of retaliation if the targeted victim does not comply with the request for sexual favors.
This type of harassment is considered a violation of workplace rights and is illegal under both federal and state laws, such as Title VII of the Civil Rights Act of 1964, which prohibits sex-based discrimination and harassment in the workplace.
Key Characteristics of Quid Pro Quo Harassment
To better understand quid pro quo harassment, it is important to be familiar with its key characteristics. These elements include:
- Power imbalance: Quid pro quo harassment involves a power imbalance where the harasser typically holds a higher position than the victim. This could include supervisors, managers, or even co-workers with significant influence over promotions, raises, or job security.
- Exchange of sexual favors for workplace benefits: The core of quid pro quo harassment is the exchange of sexual favors in return for workplace benefits such as promotions, raises, or the continuation of employment.
- Retaliation for refusal: If the victim refuses the sexual advances or denies the request for favors, retaliation may follow. Retaliation can take many forms, including demotions, job termination, undesirable work assignments, or other forms of discrimination.
- Hostile work environment: Although quid pro quo harassment focuses on specific demands for sexual favors, it often contributes to the creation of a hostile work environment where employees feel uncomfortable, unsafe, or discriminated against.
Examples of Quid Pro Quo Harassment
To better understand the concept of quid pro quo harassment, it’s helpful to look at real-life scenarios that illustrate how this type of behavior typically unfolds in the workplace or other professional settings.
- A manager offers a promotion to an employee, but only if the employee agrees to go on a date with them. If the employee refuses, the promotion is suddenly no longer available.
- A supervisor tells a subordinate that they will receive a favorable performance review if they engage in sexual activities with them. If the subordinate declines, they face a poor evaluation and are passed over for a raise.
- An employee is told that they will be fired unless they comply with sexual demands from their boss, leading to the employee feeling coerced into agreeing to avoid job loss.
These situations often involve an imbalance of power, where an individual in a position of authority exploits that power to demand sexual favors in exchange for workplace benefits or protection from negative consequences.
Steps You Can Take to Stop Workplace Harassment
If you find yourself being harassed, you have the right to seek legal action with the help of an attorney. Having legal representation puts the perpetrator and your office on notice that you will not tolerate this form of workplace misconduct.
Even with legal representation, the first step is often to notify your employer about the harassment so they have the opportunity to take steps to remedy the situation. If they do not, your Newport Beach sexual harassment attorney can help draft the paperwork needed for an EEOC complaint or a complaint to your state’s labor commission.
Following harassment at work, it is often a stress reliever to have an attorney representing you so you do not have to talk to your company directly. In cases where the company owner is the perpetrator, this can unburden the victim from having to talk directly with the person who engaged in harassment.
FAQs:
Q: What Does Quid Pro Quo Harassment Mean?
A: Quid pro quo harassment occurs when an authority figure offers workplace benefits, such as promotions or raises, in exchange for sexual favors. Alternatively, it may involve threats to take adverse action, such as termination, if those advances are refused. This type of harassment is illegal under California law and violates both federal and state employment protections.
Q: What Is an Example of Quid Pro Quo?
A: An example of quid pro quo harassment is a manager offering an employee a promotion if they date them. Another example could involve a supervisor threatening to demote or fire an employee unless they engage in inappropriate behavior. These situations involve abuse of power and are considered unlawful workplace harassment under California employment law.
Q: Can I Be Compensated for Quid Pro Quo Harassment?
A: Yes, you can be compensated for quid pro quo harassment. This behavior is illegal, and a claim can be made for the damages that resulted. You can receive compensation for any lost wages, medical bills such as for therapy, emotional distress, and legal fees. A skilled sexual harassment attorney can help ensure you receive all the compensation you are entitled to.
Schedule Your Quid Pro Quo Harassment Consultation Today
You do not have to tolerate workplace harassment. Misconduct at work is unlawful, and you may be entitled to compensation and other forms of relief for the hardship that you endured. The first step is often seeking legal representation from an employment lawyer who knows how to get results. At California Employment Counsel, APC, our legal team can help you navigate the legal process while protecting your rights. Contact our office today to schedule your consultation.