Every employee deserves to feel safe and respected in their own workplace, but many workers face sexual harassment daily. While sexual harassment is broadly defined as unwelcome conduct based on an employee’s sex, including gender identity, sexual orientation, pregnancy, and childbirth, the legal definition generally falls into two distinct categories: hostile work environment and quid pro quo harassment.
Understanding what quid pro quo sexual harassment in the workplace is can help workers hold employers accountable. In California, both federal and state laws provide robust protections from workplace sexual harassment. At Elite Employment Law, our Orange County sexual harassment lawyers help you protect your rights.
Defining Quid Pro Quo Harassment
Quid pro quo is a Latin phrase literally meaning this for that. It occurs when job benefits and employment opportunities are tied to an employee submitting to unwanted sexual advances or conduct.
Quid pro quo harassment is typically tied to an abuse of power. This type of harassment almost exclusively involves an individual in an authority role, such as a supervisor, manager, or executive, and a subordinate employee. Because the harasser possesses the corporate authority to alter the victim’s employment status, they use that leverage as a weapon.
Common Examples in the Workplace
Quid pro quo harassment can be either a promise of rewards or a negative threat, called coercion. Common examples include:
- A supervisor explicitly offering an employee a raise, promotion, or preferred shift in exchange for a sexual favor or complying with a sexual request.
- A manager threatens an employee with a poor performance review, demotion, or termination if they refuse to go out on a date or tolerate unwanted physical contact.
- An interviewer implies that an applicant will only be hired if they submit to implicit or explicit sexual advances.
It only takes one occurrence of quid pro quo actions to constitute an actionable offense under California’s Fair Employment and Housing Act (FEHA). If you have experienced anything you believe may fall under this type of sexual harassment, you may be able to pursue legal support and compensation.
Taking Action and Seeking Justice
If you believe you have been the victim of quid pro quo harassment, it is crucial to know how to respond. Under FEHA, both the harassing individual and the company as a whole can be held personally liable for sexual harassment.
Thoroughly document everything. Save any texts or emails, and detailed personal notes. Keep these records outside of your workplace or on a personal device. Follow your company’s harassment policy and file a formal, written complaint with Human Resources to create a paper trail.
Workers experiencing sexual harassment can file a complaint with the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC). Filing with one agency automatically cross-files with the other.
How Elite Employment Law Can Help
Navigating a sexual harassment claim can be complicated and emotionally draining. At Elite Employment Law, we have a track record of successfully holding unlawful employers accountable and securing compensation for our clients. When you are ready to explore your legal options, contact our team of sexual harassment lawyers to schedule a free, confidential consultation.