Quid pro quo sexual harassment occurs when someone in a position with authority, like a manager or supervisor, offers job-related benefits to one of their workers in exchange for sexual favors—or threatens them with retaliation should they refuse. “Quid pro quo” is a Latin phrase that describes a mutual exchange of favors, translating to something like “this for that” or “something for something.” Bosses commit quid pro quo sexual harassment when they abuse work-related powers to coerce employees into illicit acts. Like other types of workplace harassment, quid pro quo sexual harassment is illegal and can be grounds for a workplace discrimination claim. The experienced employment law attorneys with Joseph & Norinsberg can show you how to report quid pro quo sexual harassment and fight to win you the compensation you deserve. Contact us online or call 212-227-5700 today for a free consultation.
What Constitutes Quid Pro Quo Sexual Harassment?
Quid pro quo sexual harassment can come in many forms but has a few consistent elements between cases. The key elements of quid pro quo sexual harassment are:
- Demands for sexual favors, whether explicit or implicit
- The offer of a job benefit or threat of negative employment action
Examples can include conditioning a promotion or raise on accepting sexual advances, terminating an employee after refusing advances, or implying that entering a sexual relationship will lead to favorable treatment over other employees.
Quid pro quo sexual harassment can be a repeated pattern of behavior, but a single incident is all that’s needed to meet the legal standard.
What’s the Difference Between Quid Pro Quo and a Hostile Work Environment?
In general, a hostile work environment is a workplace where an employee is subjected to severe or pervasive harassment, discrimination, or offensive behavior. Sexual harassment can contribute to a hostile work environment, but the toxicity can stem from behaviors other than unwanted sexual advances.
Hostile work environments do not necessarily involve any exchange of favors, whereas a “deal” suggested by an offer or threat is a key element of quid pro quo sexual harassment. Quid pro quo can also occur in an isolated incident, while hostile work environments typically involve repeated, pervasive, and unaddressed behavior.
While there are scenarios in which an employee without direct power over others might commit quid pro quo sexual harassment, it ordinarily involves supervisors or other authority figures. In contrast, anyone can create a hostile work environment.
Our knowledgeable employment lawyers can help you understand which type of workplace abuse you’ve experienced and take appropriate legal action.
Legal Consequences of Quid Pro Quo Sexual Harassment
Quid pro quo sexual harassment violates federal and local laws prohibiting sex-based discrimination, including Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law.
Failing to prevent quid pro quo sexual harassment can lead to formal investigations by federal and local government agencies and workplace discrimination lawsuits by the affected employees.
Employer Liability in Quid Pro Quo Sexual Harassment Cases
Employers are automatically liable for sexual harassment if the harasser is an alter ego of the employer, such as the owner or member of its executive board. Employers can also be held vicariously liable for their supervisors’ actions if the harasser took a “tangible employment action,” such as a demotion, promotion, termination, a raise, or a change in a work assignment. However, if the culprit did not take such an action, employers can avoid liability by proving they took proactive steps to prevent or stop the harassment. Our attorneys can help establish your employer’s liability and prepare for any defenses they might raise.
How to Report Quid Pro Quo Sexual Harassment
The first step to reporting quid pro quo sexual harassment is to contact your employer’s human resources department. Raising an internal complaint gives the company the opportunity to resolve the issue before government agencies get involved and can strengthen your claims later if the abuse does not stop.
If your employer is the one committing the harassment or you fear retaliation for reporting the abuse, you can file a complaint with the New York State Division of Human Rights. You can also file a claim concurrently with the Equal Employment Opportunity Commission, the agency responsible for enforcing federal workplace discrimination laws, or make a report with the New York City Commission on Human Rights.
Federal, state, and local laws protect workers from retaliation after reporting the conduct to government agencies. If you’re experiencing harassment or believe you will experience retaliation after reporting it, save any relevant workplace communications and take thorough notes documenting any incidents.
While you have up to three years to file a claim with New York state agencies, you may only have 180 to 300 days to file with the EEOC. A skilled employment law attorney can help you gather evidence and determine where and how to file complaints with government agencies.
How Can an Employment Lawyer Help?
Many victims of quid pro quo sexual harassment are unaware of the legal protections they’re entitled to and how they work. Consulting with an employment lawyer can help you understand your rights and how to assert them, empowering you to stand up to an abusive employer and hold them accountable.
The tenacious employment law attorneys at Joseph & Norinsberg have more than 75 years of collective experience fighting and winning for workers like you. Our relentless work ethic, thorough legal knowledge, and deep empathy for our clients help us deliver significant results. Here is a recent notable result we obtained for our client:
Our client was sexually harassed by her boss, who physically assaulted her when she denied his advances. Attorney John Meehan represented this client, securing a $750,000 compensation for several years of lost wages, emotional distress, and compensation for the physical assault.
Contact Joseph & Norinsberg For Your Employment Law Cases
If you have experienced quid pro quo sexual harassment, don’t suffer in silence for one more day. Call our dedicated legal team today at 212-227-5700 to schedule a free consultation. We’re ready to fight relentlessly to protect your rights and get justice for what you’ve experienced.
