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Quid Pro Quo
Attorneys
What Is Quid Pro Quo Sexual Harassment?
What Is Quid Pro Quo Sexual Harassment?
Your ability to get and keep a job and to advance in the company where you work should be based on your ability and hard work alone, not on your willingness to provide sexual favors. Unfortunately, such demands aren’t uncommon. They’re also a form of illegal sexual harassment called “quid pro quo,” and the team of lawyers at Haeggquist & Eck, LLP is dedicated to stopping it.
What Does Quid Pro Quo Mean?
Quid pro quo is a Latin phrase meaning “something for something.” Quid pro quo sexual harassment occurs when a job benefit is directly tied to an employee submitting to unwelcome sexual advances.
When Does Quid Pro Quo Happen?
In the workplace, quid pro quo sexual harassment occurs when employment decisions like hiring, promotions, raises, work assignments, recommendations, and performance evaluations are based on your willingness to submit to the sexual demands made by someone who holds a position of power, like a manager, supervisor, or other person holding a superior position to yours in the company.
Example of Quid Pro Quo
A supervisor promises a subordinate employee a raise if she will go out on a date with him or tells the employee she will be fired if she doesn’t sleep with him.
Only individuals with supervisory authority over a worker can engage in quid pro quo harassment since it requires the harasser to have the authority to grant or withhold job benefits.
A quid pro quo attorney in San Diego like ours at Haeggquist & Eck, LLP can help you stop this behavior and hold responsible parties accountable. Contact us online or call (619) 342-8000 for more information.
Did I Experience Quid Pro Quo
Sexual Harassment?
Quid pro quo sexual harassment has occurred if your boss or another higher-up in your company has indicated that your job in some way depends on your submitting sexual advances, regardless of whether or not you actually yielded to those demands.
Only one instance of quid pro quo sexual harassment is required for you to bring a lawsuit against the company. Furthermore, it is illegal for an employer to fire you for suing your company for sexual harassment, even if you do not win the lawsuit. This is called retaliation, and your San Diego quid pro quo attorney may be able to help you litigate this issue as well.
Other real-life examples of this type of sexual harassment include:
- Your manager offers you a promotion in exchange for sex.
- Your supervisor threatens to fire you if you reject his or her sexual demands.
- You receive a demotion or reduction in pay or work hours after refusing sexual involvement with a supervisor, manager, or employer.
- Your employer withholds benefits — or threatened to — if you refuse sexual advances.
- Your employer or supervisor refuses to let you participate in desirable work projects unless you submit to their sexual demands or provide sexual favors.
- Your supervisor evaluates your work performance based on your willingness to submit to their sexual demands.
Other Types of
Sexual Harassment
Many people associate workplace sexual harassment at work with quid pro quo harassment only, as they believe that a harasser must be their boss or another authority figure. In reality, you may experience another type of sexual harassment: hostile work environment harassment.
Sexually offensive conduct or what is commonly termed “locker room humor” should not have any place in the workplace. There is a difference between acceptable kidding around and unacceptable sexual innuendo and comments. When conduct at your workplace crosses the line, it can constitute hostile work environment harassment. This form of harassment can occur either through pervasive conduct or an isolated instance of highly offensive behavior.
If you believe that you are in a hostile work environment because of co-workers constantly making statements of a sexual nature, report it to your employer immediately. Your employer has the authority to stop the harassment, and if they don’t, you can take legal action.
All Genders Can Experience
Sexual Harassment
Sexual Harassment Can be
Indirect and Even Online
Most people in the modern world have social media accounts, and when it comes to the workplace, it is sometimes the norm that you share your profiles with your coworkers and associates. This provides these individuals with a window into your private life that you should consider before granting access.
We are free to share our personal lives with whomever we like, and when it comes to coworkers, the decision is purely personal. However, if a coworker, associate, or boss uses access to your social media accounts to make you feel uncomfortable or objectified in the workplace, you could be experiencing sexual harassment.
While friendly and positive comments are normal, comments on your photos or social media posts that have an undertone of sexuality or are sexually suggestive can be offensive. Sometimes, coworkers don’t understand this, so tell them that they crossed the line.
If the conduct continues, you might seek legal relief, especially if it harms your position or ability to advance on the job. If you are not comfortable at work because you feel sexually harassed, talk with a San Diego employment attorney to discuss your case.
Retaliation for Sexual Harassment
Complaints
Many employees speak up and lodge complaints regarding quid pro quo sexual harassment only to find they lose their jobs or suffer another adverse work effect, such as a hostile work environment. This type of retaliation for making a complaint is another violation of anti-discrimination and harassment laws, and anyone who experiences retaliation should discuss the matter with a sexual harassment attorney.
Retaliation can take many forms. Your boss could threaten you when you refused their sexual advances, or your supervisors may look the other way if co-workers tease you or make you feel uncomfortable because you reported the sexual harassment. Any type of adverse employment action resulting from your reporting the matter is serious and against the law
Some forms of retaliation can include:
- Termination
-
Denial of a raise or promotion
you deserved - Reduction of hours
- Undesirable shift changes
- Demotion or pay decrease
- Additional harassment
-
Unwarranted poor
performance reviews - Disciplinary action
If you complained of sexual harassment and experienced anything similar to the above, discuss it with your attorney as soon as possible.
Your Employment Law Attorney Advocates
For Your Best Interests
Going through sexual harassment in the workplace can be embarrassing, and you might feel hesitant about standing up for your rights and going through the necessary steps to collect the compensation you deserve. You might worry that some of the same people who participated in the harassment might be involved in the process and reporting the problem may do more harm than good.
When you hire an employment law attorney, they stand up for your rights and handle all communications with the opposing party, their attorneys, and any other parties that might be involved. This removes the stress and concern from your day-to-day life so that you can focus on moving past your negative experience while your attorney works to ensure that you receive the fullest possible relief for your situation.
When you are in a situation that makes it impossible to return to work or negatively impacts your job, you have important legal rights. Employment laws exist to protect you, but you might not know exactly what you deserve because the laws can be complicated.
In some situations, you might seek lost income, compensation for emotional distress, and more. Your experienced employment law attorney will have the knowledge to accurately identify what relief is available to you and will know how to begin the process.
Reach out to a sexual harassment attorney to discuss your case. Speaking to a lawyer will help you understand whether you experienced unlawful harassment and your best course of action. Never wait to reach out for legal assistance. Our firm has compassionate attorneys who understand how devastating sexual harassment can be, and we commit ourselves to standing up for the rights of employees like you.
How to Win This Type of
Sexual Harassment Claim
Before initiating a sexual harassment lawsuit, you will need to file a complaint with the federal Equal Employment Opportunity Commission or California’s Fair Employment and Housing Commission to obtain a “right to sue” letter.
To win a quid pro quo sexual harassment case, you will need to present good evidence that the harasser made unwanted sexual advances as a condition of your receiving some specific benefits connected with your job or for avoiding some negative action like termination or demotion. The standard of proof in California is a preponderance of the evidence, which means the evidence shows it is more likely than not that the behavior occurred.
The legal elements you need to provide include:
- You were employed by the person you are accusing or applied to that person for a job, or were acting in a business relationship covered by a contract with that person
- The person made unwanted sexual advances to you or engaged in some form of unwanted verbal or physical conduct of a sexual nature
- It was made clear that job benefits were dependent upon your accepting that person’s sexual advances or conduct, or that decisions affecting your employment would be made based on your acceptance or rejection of the harasser’s sexual conduct or advances
- When the harassment occurred, the alleged harasser was your supervisor or agent for the company where you worked or were applying
- You suffered harm as a direct result of the harassment
Possible Legal Remedies for
Quid Pro Quo Harassment
The following can result from a successful claim against an employer:
- Reinstatement to your position if you were discharged
- An injunction to stop the harassment
- Monetary compensation for lost wages, benefits, and employment opportunities
- Monetary compensation for other damages, such as pain and suffering or emotional anguish
- Punitive damages intended to punish the defendant or deter the company from allowing the harassment to occur in the future
Haeggquist & Eck, LLP
Can Advocate for You
If your job has become unbearable because of constant put-downs, insults, and inappropriate comments based on your gender, gender identity, sexual preference, or any other sex-related characteristic, your first step is to demand that the harasser stop the behavior. If this doesn’t work, check your employee handbook for your company’s complaint procedure. If there is none, report it to your human resources department. Most employers take allegations of sexual harassment seriously and will usually investigate sexual harassment and hostile work environment harassment claims and take appropriate action.
If reporting sexual harassment doesn’t produce results or if you are subjected to additional harassment as retaliation for your reporting the unwanted behavior, consult an experienced and compassionate San Diego sexual harassment attorney like the ones at Haeggquist & Eck, LLP for help.
- 619-342-8000
- 225 Broadway, #2050 San Diego, CA 92101
