Workplace harassment is a major issue for employees across the workforce. One of the most egregious kinds of workplace abuse is quid pro quo harassment. This is sexual harassment, where employment benefits or terms are conditioned on making inappropriate sexual advances or requests. Knowing some examples of quid pro quo sexual harassment in California can help you identify whether or not the harassment is present.
Quid pro quo directly translates to “this for that.” In terms of sexual harassment, it means that someone in authority, a manager, supervisor, or boss, offers an employee some sort of benefit in exchange for sexual favors. This can also mean that the employee can be denied benefits or face some sort of reprimand, such as being denied a promotion or being terminated if they do not comply with the request.
Quid pro quo harassment is against the law, and employers are required to prevent it from happening. Employees are protected by law from this type of harassment, and they can seek justice if they experience it. While there are many forms that quid pro quo harassment can take, it generally falls into the following scenarios:
In this situation, an employee is promised and/or given benefits in exchange for complying with a request for sexual favors. The person who requested the favor must be someone in a position to provide these benefits. This means that the person generally is not a lateral coworker as they do not have the authority to offer benefits, such as a promotion.
An example of this would be a female coworker working towards a promotion, but her boss tells her she will only receive the promotion if she agrees to have a romantic dinner with him at his home.
An example of reprimand for non-compliance would be an intern receiving unwelcome comments from her boss. The boss claims one day that she will be fired if she does not go on a date with him.
This is quid pro quo harassment because the supervisor leverages his authority to force the intern to do something she does not want to do. With her job threatened, the intern is placed in a situation where her career prospects depend on her giving in to the harassment.
Neither interns nor temp workers in California are exempt from anti-harassment laws. Businesses must make sure that employees are safe and free of harassment, even for temporary employees.
Quid pro quo harassment also indirectly hurts workers. For example, if a manager has a consensual relationship with one employee and treats her favorably, such as granting promotions, bonuses, or desired hours, the other workers can be left to suffer the consequences, such as not being considered for promotions they are rightfully qualified for.
Though the relationship is not a form of harassment, such favoritism can lead to a hostile work environment and perceptions of quid pro quo. Anyone who believes that they are being discriminated against or overlooked because of this kind of favoritism could file a complaint.
An example of retaliation for non-compliance could be a manager inviting a coworker out for drinks. The coworker denied the request, and when they returned to work, they noticed their hours were reduced, or their shifts were changed to less favorable ones. This could count as retaliation for non-compliance.
In this instance, the manager’s behavior was retaliation, an element of quid pro quo harassment. As California courts have held over and over, employers can’t punish workers for refusing sexual advances or reporting harassment.
In California, employers are legally required to identify and combat quid pro quo workplace harassment. The California Fair Employment and Housing Act (FEHA) requires certain employers to offer all employees mandatory sexual harassment prevention training.
Employers must also establish clear anti-harassment policies, investigate all complaints quickly and thoroughly, and correct them immediately to halt harassment. Any violation of these obligations could incur serious legal consequences. This makes it even more crucial to maintain a safe and harassment-free workplace.
A: The three factors of quid pro quo harassment are: (1) unwanted sexual advances or behavior; (2) an employment action, including a promotion, demotion, or layoff due to the harassment; and (3) the harassment must be conducted by a person with authority, such as a manager or supervisor, who has a role in affecting work conditions or pay.
A: An employer might give an employee a promotion if they comply with sexual advances, threaten to fire them if they decline, or reduce working hours. Another example is favoritism, where the worker receives job allowances in return for complying with unwelcome advances, putting other workers at a disadvantage. If you have experienced this, you should engage a Sacramento Quid Pro Quo sexual harassment lawyer.
A: To prove quid pro quo harassment, an employee must demonstrate hostile behavior, including oral, written, or physical advances, a direct connection between the harassment and an employment benefit or loss, and the employer’s control over the conditions of employment. The evidence can come in the form of records, eyewitnesses, emails, or texts.
A: You can file a claim for quid pro quo harassment by speaking with your employer’s human resources department or the California Department of Fair Employment and Housing (DFEH). If it isn’t resolved, bring a claim against your employer with the assistance of an employment attorney. Evidence such as incident reports, witnesses, and communications can be crucial to making a convincing case under California’s FEHA requirements.
If you have been a victim of quid pro quo harassment, you do not have to suffer silently. The depressed legal team at Fulton Law Corporation can help you get the justice you are due. Contact us today to get started.
Learn more about what the Fulton Law Corporation can offer our clients by scheduling your free case evaluation today. Get in touch with us by filling out our online contact form.
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