Quid Pro Quo Workplace Sexual Harassment

Quid pro quo literally means “something for something.”

In most cases, quid pro quo sexual harassment takes place when a supervisor seeks sexual favors from an employee in return for a certain job benefit, such as a raise or promotion, or to avoid a certain negative consequence, such as a pay cut or demotion.

When Can Sexual Harassment Happen?

Quid pro quo sexual harassment can happen to any person in the workplace, regardless of gender.

Quid pro quo sexual harassment can also take place during the hiring process, such as a hiring supervisor promising a job applicant a new position in exchange for compliance to their sexual advances.

Workplace Protections

In addition to hostile work environment, quid pro quo is one of the two types of workplace harassment claims that fall under Title VII of the Civil Rights Act of 1964.

Unlike a hostile work environment claim, which allows an employer the defense of “prompt remedial action,” quid pro quo sexual harassment imposes “strict (also known as automatic) liability” on the employer.

How To Prove Quid Pro Quo Sexual Harassment

To pursue a quid pro quo sexual harassment case, the employee must be able to prove the following:

• They are a member of a protected class — i.e. they are protected from workplace discrimination on the basis of sex under Title VII.
• They were the victim of unwanted sexual advances or sexualized conduct from another employee, usually a supervisor.
• The alleged sexual harassment had a negative impact on their employment, such as a change in compensation or position.
• The alleged harasser was in a position of authority over the employee, either as their direct supervisor or in a position that influenced the terms or conditions of their employment.

When dealing with quid pro quo workplace sexual harassment, it is important to keep a record of any and all interactions relating to the incident(s), as well as any formal complaints that were made.

Get Help from a New York Sexual Harassment Lawyer

If you have been a victim of quid pro quo sexual harassment, or would like to speak to an experienced sexual harassment attorney regarding your situation, please do not hesitate to contact Filippatos PLLC today.

The sexual harassment attorneys at Fillipatos PLLC are committed to finding a compassionate, innovative, and successful solution that is right for you.