Quid Pro Quo Harassment

Many people understand the meaning of sexual harassment and know that the law prohibits workplace harassment based on an employee’s gender. Moreover, many understand that unwelcome sexual advances and sexual favor requests can put a worker or supervisor in trouble. However, what many people do not know is that sexual harassment is classified into quid pro quo harassment and hostile work environment harassment.

Under the California employment statutes, quid pro quo happens when a supervisor or a superior trades work-related benefits like promotion or pay rise for sexual favors. At the Sexual Harassment Attorney, we have discussed this kind of sexual harassment further and the action you should take to file a lawsuit after workplace harassment.

Legal Definition Quid Pro Quo Harassment

California Fair Employment and Housing Act (FEHA) and Title VII of the 1964 Civil Rights Act are the statutes that define the various forms of harassment, including quid pro quo. Title VII takes effect when an employer has fifteen or more workers and puts a limit to the damages a sexual harassment victim should obtain depending on the organization’s size. However, employees enjoy more protection from sexual harassment under FEHA.

On-the-job harassment is unwelcome, harmful, or unbecoming behavior directed towards an employee because of their marital status, sexual inclination, pregnancy, or sex. One common sexual harassment type is the quid pro quo. According to FEHA, this kind of harassment happens when someone with authority in your workplace makes unwanted or inappropriate sexual advances or propositions promising work benefits like a promotion or raise in return for sexual favors. Quid pro quo is the Latin term for “this for that.” Your supervisor or boss offers to trade a work benefit when you submit to the sexual act they are proposing.

With the increase in the number of sexual harassment cases in California, Government Code (GC) 12940 protects people of all genders. The law recognizes that even women can perpetrate acts of harassment, which is why authorities will treat your case the same way they would if a man were the accused. Besides, you will face charges for FEHA violations even when you share the same gender as the victim.

There are two types of quid pro quo.

The first is where an individual with authority in your organization offers you a work benefit like a pay increase or job security on the requirement that you submit to their sexual advances. The other type is when a senior in the workplace threatens you with work-related consequences like denial of overtime or promotion you are eligible for if you do not submit to their sexual demands.

Improper or inappropriate comments on a worker’s body parts, improper discussion of sexual acts, or unwelcome sexual advances all amount to quid pro quo sexual harassment. The infringement could be explicit or implicit, with even the slightest hint of an employer or supervisor demanding sexual favors leading to harassment allegations.

Allegations of this sexual harassment type are serious and usually result in a lawsuit against the accused party, provided you, the accuser or victimized party, can demonstrate all the case’s facts. The elements you should prove to receive damages under GC 12940 are:

You, a worker, experienced unwelcome or inappropriate sexual propositions, comments or advances
The sexual propositions came from an individual with a higher rank or authority over you, like the supervisor or employer
If you submitted to the advances, you would receive work benefits
If you turned down the demands from the party, you would face substantial adverse job-related effects like firing or demotion.

Quid pro quo harassment is a severe violation, and one incident alone is adequate to trigger legal action against those responsible if you can show that you suffered employment consequences because of rejecting the manager's or employer's inappropriate advances.

Quid Pro Quo vs. Hostile Work Setting

A hostile work setting or environment harassment type results in a more abusive and pervasive work environment. Workplace employees can initiate this kind of harassment, not just your manager or boss. However, for the court to award you damages for the harassment, you should demonstrate that the unwanted or inappropriate conduct happens very often. The law requires that you show that sexual harassment was abusive and led to an unfriendly work environment. Simple offensive or provoking comments will not amount to a hostile work setting kind of harassment.

Moreover, you should show the court that the comments or actions emotionally humiliated or offended you. If the harassment was not subjective or did not cause emotional distress, you cannot claim to be a victim of a hostile workplace. You can demonstrate to the court that the harassment caused genuine emotional suffering by showing that:

The conduct undermined your capacity to perform the standard workplace responsibilities
The harassment had adverse effects on your wellbeing
The harassment adversely affected your emotional peace or calmness on the job

The behavior deemed as harassment must be repeated to make it easy to show the court that there exists a harassment pattern. However, you do not have to prove a harassment pattern in causes involving rape. Depending on the frequency of unwanted behavior, the severity of the conduct, and the context in which the behavior happened, the court determines that specific behavior creates a hostile or unfriendly workplace.

Each case’s circumstances are unique, and the court will determine if your workplace environment is hostile based on the unique circumstances present.

The kinds of conduct that create an unfriendly workplace include:

Explicit jokes
Sexual comments or remarks
Unwanted contact or touching
Displaying explicit material leading to an abusive or unfriendly work setting

In contrast, behavior that is considered quid pro quo includes unwanted sexual propositions, advances, or favors by senior employees in an organization that is traded for employment benefits, threats, or adverse job effects if rejected.

Improper Sexual Propositions or Advances

You have the burden of proof in these cases and must demonstrate all the facts of the violation to receive maximum damages. The first fact you should prove is that there were inappropriate sexual advances or propositions. These are easy to prove because cases of employers or individuals with authority on the job making inappropriate advances are rampant. Your supervisor asking you for a date out does not amount to sexual harassment, but you can use it as proof of inappropriate or unwanted sexual advance if:

The person makes these advances or propositions repeatedly
Or because of declining the advances, you suffer adverse work-related effects

The inappropriate proposition, explicit or implied by behavior or words, is unlawful even if the accused did not directly speak to you.

Individuals Capable of Quid Pro Quo Harassment

When proving your case, you must be specific with the party you are accusing of the violation. Anybody, including your colleagues, can perpetrate hostile work environments and non-sexual harassment. However, senior organization officials like managers and supervisors can only perpetrate quid pro quo. Therefore, you must prove that the sexual exploitations were from an individual with authority or a powerful position that gives them the mandate to make decisions that could have significant adverse effects on your job. If the accused is your colleague, they are only guilty of creating a hostile or unfriendly work setting. You cannot sue a client, contractor, or rank-and-file worker for quid pro quo harassment.

Employment Benefits that Could be Grounds for Quid Pro Quo Form of Harassment

The person with greater authority than you on the job, whether it is your immediate supervisor, manager, or employer, must try to trade any of these employment benefits for sexual advances:

A job benefit or
The lack of adverse job action

This harassment involves a promise of employment benefits or threats. The work benefits the accused can promise you are:

A pay increase
A promotion
A relocation to lighter, better paying, or favorable work roles
More fair shift tasks or assignments

These benefits are available when you agree to the high-ranking individual’s advances. If you reject the advances, the accused could threaten you with:

A job demotion
A less desirable or more complex and less paying task in your shift
Firing

For instance, Mary is a nursing assistant in a busy nursing facility. Nurses work night shifts every seven days because the nursing home is busy. All workers are treated equally, and after every seven days, every nurse assistant, including Mary, works the night shift. However, Mary does not like night shifts, which her immediate supervisor knows. One day, Mary’s supervisor requests her to go out for a date and promises her fewer night shifts if she agrees to go on a date. Mary rejects the supervisor’s requests, who angrily responds, “Would you rather work additional shifts than go out on a single date with me?” Later that week, Mary discovered she had been assigned extra shifts than other nurse assistants.

Under these circumstances, Mary can file a claim against the supervisor for harassment because the boss made an inappropriate proposition promising work benefits regarding fewer night shifts. However, when the proposition was declined, the supervisor acted on his threats to her by increasing her night shifts. If the supervisor had not followed through with the threats of additional night shifts than other nursing assistants, Mary would not have a claim for quid pro quo harassment, although she could sue for a hostile work setting harassment type.

From this example, you can conclude that quid pro quo only happens if the supervisor makes the threats real after an employee fails to agree to the sexual demands.

In these cases, the " trade " aspect can be implicit or explicit, meaning that a manager or someone with authority can hint at or suggest work benefits without communicating it directly, depending on whether you, the junior, agree to the requests.

Sex-Based Favoritism and Unfair Treatment

California FEHA also prohibits sexual discrimination by managers, supervisors, or bosses. Sexual favoritism or unfair treatment happens when individuals with authority in an organization:

Reward employees who comply with their sexual advances or propositions and
Punish those who reject their inappropriate propositions

Isolated favoritism cases in the workplace do not amount to sexual harassment. Nevertheless, workplace affairs and employment-based sexual favors are almost the same. Repeated favoritism creates an unfavorable work setting as workers tend to feel like sexual objects to the management and that they must agree to sexual advances to keep their jobs or move up the job hierarchy.

Sexual Harassment Education and Training

If an employer has at least fifty workers based in California, FEHA requires that these workers be provided with regular training and education on sexual harassment. Any employee with supervisory responsibility must undergo 120 minutes of training every two years. Those new to the role must undergo the training program after serving six months.

Furthermore, employers must train workers on sexual harassment prevention to prevent bullying and unfair treatment. If the employer does not comply with these measures intended to curb sexual harassment and an employee fails a claim, they will have a compliance case to answer. The organization will also be held responsible for failure to take relevant measures to discourage or address sexual harassment cases.

Regular training for supervisors and all workers makes it easy for those in positions of authority to take measures to discourage the conduct, ultimately leading to a happy and highly productive workplace. Also, when everyone has training on sexual harassment, it becomes easy to reduce or eliminate quo pro quo harassment.

Action to Take Quid Pro Quo Sexual Harassment

If you want to seek damages for quid pro quo sexual harassment, you should take specific steps. These are:

Notify the Employer of the Harassment

All employers must have written anti-harassment policies and share copies of the policies with employees. The policy states the person who receives sexual harassment claims. Generally, you should report to your manager or supervisor, but this is not easy in quid pro quo harassment cases, as the person you should report to could be the one committing the violation. If your manager harasses you, your organization should have other reporting channels.

Avenues of filing complaints with the employer are:

Reporting to the human resource manager
Talking to a diversity or equal employment opportunity coordinator
Calling a complaint hotline
Reporting the matter to a designated ombudsperson for claims of harassment

It is advisable to report the harassment to your employer first because they can end the behavior. If your employer is familiar with FEHA and state harassment statutes, they are more suitable to address the problem as they understand their responsibilities. A good employer will take the following action after receiving a harassment complaint:

Listen keenly to the harassment accusations
Take the necessary steps awaiting investigations, including changing work schedules to reduce or eliminate contact between the harasser and claimant
Investigate the matter with the assistance of a neutral party
Draw reliable and reasonable conclusions depending on the evidence found
Notify you and the defendant of the investigation’s outcome
Implement measures to safeguard complainants
Review the company's anti-harassment blueprint to determine if changes are required or if more should be done on implementation.

Similarly, even when you report to the employer and no action is taken, you will have a more substantial lawsuit because you can argue that you raised the matter with the employer. Still, they did not take action, or your boss refused to take reasonable measures to end the harassment. By showing your employer is liable for the harassment, you can obtain maximum damages.

Lodge a Harassment Claim with the Civil Rights Department (CRD)

If your employer does not take action or retaliates, you can escalate the issue with California CRD. You should lodge the claim within 36 months of the alleged harassment. Filing these claims is more complicated than you think, so you should speak to an attorney knowledgeable about employment laws to ensure you preserve your right to sue.

Suing the Employer or Harasser

Once you file a claim with CRD, they will give you the go-ahead to lodge a lawsuit against the person responsible for your harassment or employer. When you bring the claim before CRD, you can ask them to grant you the right to sue. If you do not lodge the claim, you must wait for CRD to conduct an investigation and give you the go-ahead to lodge a lawsuit after concluding investigations. You have twelve months after receiving the notice to complain to your employer.

Many employers are confused about the person to sue after they have been granted the right to do so. Will you lodge the lawsuit against your employer or the harasser? If you are in this position, consult an experienced attorney for legal counsel. Suing the employer could be favorable if they have money to compensate you for all the damages stemming from the sexual harassment. Besides, the harasser will determine the level of liability the employer carries for the harassment.

Find an Experienced Sexual Harassment Lawyer Near Me

Quid pro quo harassment causes a lot of harm to employees, and sometimes it becomes impossible to repair the relationship, leading the worker to find employment elsewhere. If you have been through harassment, you can lodge a lawsuit against the company or manager to seek reimbursement for emotional distress, unfair termination, and punitive damages.

At Sexual Harassment Attorney, we have experienced California attorneys to explain your rights and help you gather the evidence you need to sue the liable party for compensation. Call us at 800-905-1856 for a free case evaluation.