“Quid pro quo” translates to “something for something”. It’s when a favor or advantage is granted or expected in return for something.
Quid pro quo harassment in the workplace is a type of sexual harassment in which a person in a position of power (typically a supervisor, manager or higher ranking person) demands sexual favors from a person in a lower position in exchange for employment benefits or to avoid negative consequences.
In other words, it involves a “this for that” arrangement where sexual favors are demanded in exchange for job-related opportunities or benefits or to avoid an adverse employment action (such as a cut in pay or demotion).
This article aims to provide information to anyone who thinks they may have been a victim of quid pro quo harassment. First, we’ll explain what this type of harassment is, including examples. Then we’ll share information on how to prove that you’ve experienced quid pro quo harassment and how to make a claim.
What is quid pro quo harassment in the workplace?
Quid pro quo sexual harassment occurs in the workplace when a subordinate suffers a tangible adverse employment action—such as not receiving a promotion or raise in pay—as a result of his or her refusal to submit to a higher ranking person’s sexual demands. Quid pro quo sexual harassment is prohibited by Title VII of the Civil Rights Act, which expressly prohibits workplace discrimination on the basis of sex.
Some examples of quid pro quo harassment in the workplace include but aren’t limited to:
- A supervisor promises an employee a raise or promotion in exchange for a sexual relationship.
- A manager threatens to fire an employee if they don’t engage in sexual activities with them.
- An employer offers to hire an applicant for a job in exchange for sexual acts.
- A supervisor threatens to give a negative performance review or deny a promotion to an employee who refuses their advances.
- A supervisor asks an employee to go on a date with them, and implies that refusal may result in negative consequences that will impact the employee’s job.
- An employer tells an employee that they’ll only receive a bonus or raise if they engage in sexual activity with them.
- A manager tells an employee that they’ll receive a job promotion if they have a sexual relationship with them, but if the employee refuses, they’ll be demoted or fired.
- A supervisor suggests that an employee should dress in a certain way or engage in sexual behavior to improve their chances of getting a job or receiving a promotion.
How do employees prove quid pro quo harassment?
Proving quid pro quo harassment in the workplace can be challenging. The steps below can help employees support their claims. Note that while the steps increase in escalation, the exact steps that an individual chooses to take differ from case to case and can depend on the employer’s escalation processes and procedures.
Keep a record of the incidents
Documenting all instances of quid pro quo harassment can help you keep a clear and comprehensive record of what happened. Try your best to:
- Include as many details as possible: Write the date, time, location, and a description of the incident, including any inappropriate language, actions or gestures. Be as specific as possible and include the names of any witnesses.
- Keep a record of all communication: Save any emails, text messages, voicemails or other communication related to the harassment. These can be valuable pieces of evidence if you need to file a complaint or take legal action.
Report the harassment to your employer
Report any sexual harassment in the workplace to your employer or human resources representative. Doing so creates a record of the incident and may help prevent further harassment.
The procedure and escalation process for reporting an incident is often in the employee handbook. If not, ask your human resources representative about your employer’s policy.
When reporting, the following steps can help ensure that your report is taken seriously and addressed appropriately:
- Report the harassment as soon as possible: The longer you wait, the harder it may be to investigate the claim and take appropriate action.
- Use your employer’s reporting procedures: Check your employer’s employee handbook or policy manual to learn the reporting procedures for sexual harassment. Follow these procedures to ensure that your report is handled properly. If you don’t have access to a copy of the employee handbook, contact your human resources representative.
- Keep a copy of the report: Also keep a copy of the date and time of the report. This creates a record of the incident for you.
- Be specific: When describing the incident, include details such as the identity of the harasser, the nature of the harassment and any witnesses who can corroborate your account.
- Keep it professional: Stick to the facts and avoid emotional language or accusations. This will help your report be taken more seriously.
- Follow up: If you don’t receive a response from your employer or HR representative within a reasonable amount of time, follow up to ensure that your report is being investigated and addressed appropriately.
Seek help from a government agency
If you believe your company’s response is unsatisfactory, or if you’re uncomfortable reporting the harassment to your company, you can file a complaint with a government agency such as the Equal Employment Opportunity Commission (EEOC) or state fair employment practices agencies (FEPA). If you reported the harassment to your company, provide the agency with the same information.
There are time limits for filing a complaint to these agencies. For example, the EEOC has a deadline (of either 180 or 300 days) from the date of the most recent incident of harassment, depending on the state where you’re filing your complaint. So check with the agency before filing your report.
Talk to a lawyer
Talking to a lawyer can help you understand your rights and options. If necessary, they can also help you navigate the process for filing a complaint with a government agency or your employer, and help you pursue legal action.
When considering legal counsel, people often find the following tips useful:
- Choose an experienced employment lawyer: Look for a one who has experience in handling sexual harassment cases.
- Prepare for the initial consultation: Before meeting with the lawyer, prepare a list of questions and a detailed summary of the sexual harassment you’ve experienced. Bring any relevant documentation, such as emails or text messages, to the meeting.
- Discuss your legal options: The lawyer can advise you on your legal options, such as filing a complaint with a government agency or pursuing a lawsuit. They can also explain the potential outcomes of each option, as well as the risks and benefits of pursuing legal action.
- Understand the legal process: The lawyer can explain the legal process, including the deadlines for filing a claim, the types of evidence that may be needed and the potential outcomes of your case.
- Discuss legal fees: The lawyer can explain their fee structure and discuss the potential costs of pursuing legal action. They may offer a contingency fee arrangement, which means that they only get paid if you win your case.
- Evaluate the lawyer’s qualifications and communication style: This can help ensure that they’re a good fit for you.
Sue your employer
If you’re unsatisfied with the outcome of the other options listed above, you may consider filing a lawsuit against your employer. You may be able to seek compensation for damages such as lost wages, emotional distress, medical expenses and punitive damages.
The specific requirements for filing a lawsuit may vary by state and agency. An experienced employment lawyer can guide you through the requirements for your specific case.
Elements of a quid pro quo sexual harassment claim
To establish a claim of quid pro quo harassment, an employee must typically prove the following elements:
- The employee is a member of a protected class: This means that the law protects the employee from workplace discrimination on the basis of sex.
- The employee was subjected to unwelcome sexual conduct or advances: The employee must show that they experienced unwanted sexual behavior (such as touching, comments or gestures) or were asked to engage in sexual activity in exchange for job benefits from another employee (typically a supervisor, manager or company officer).
- The sexual conduct was a term or condition of employment: The employee must show that the sexual conduct was used as a basis for employment decisions (such as hiring, firing or promotion) or that their refusal to engage in the conduct resulted in negative job consequences (such as being demoted or given poor performance evaluations).
- The employee suffered harm: The employee must show that they suffered some type of harm as a result of the harassment, such as emotional distress, loss of income or other negative job consequences.
When to speak with a lawyer
If you believe you’ve experienced quid pro quo harassment in the workplace, speaking with an experienced employment lawyer can help you understand your legal rights and options.
Below are some situations in which it may be particularly advisable to speak with a lawyer:
- You’ve been subjected to repeated instances of sexual harassment and your employer hasn’t taken appropriate action to address the situation.
- You’ve suffered negative job consequences as a result of reporting sexual harassment, such as being demoted, fired or given poor performance evaluations.
- You’re unsatisfied with your employer’s response to your sexual harassment report.
- You’ve received a “right-to-sue” notice from a government agency.
- You are unsure about your legal rights and how to proceed.
Remember: Sexual harassment in the workplace is a violation of Title VII of the Civil Rights Act, and you have the right to report it and seek justice. Speaking with a lawyer can help ensure that the proper steps are taken to hold your employer and the harasser accountable for their actions.
Sofie is a writer. She lives in Brooklyn.
