What is Quid Pro Quo Harassment in California?

As an employee, you perform job duties in exchange for your paycheck and other company benefits. Trading labor for pay is a standard example of an employment situation. Unfortunately, some employers require their employees to perform sexual favors for an employment decision.

This type of situation is known as quid pro quo harassment and is downright illegal. Here is what you need to know about quid pro quo harassment. What is quid pro quo harassment in California?

What is Quid Pro Quo Harassment?

Quid pro quo literally means “something for something” in Latin. According to Cornell Law School, this kind of sexual harassment occurs when a superior tells a worker that he or she will make an employment decision based on whether the employee will fulfill a sexual demand. This is different than hostile work environment harassment, which is conduct that is severe or pervasive but does not result in an employment action.

California’s Fair Employment and Housing Act (FEHA) condemns sexual harassment of any kind as illegal behavior prohibited by California labor laws. To qualify as quid pro quo sexual harassment, an incident must be able to meet the following criteria under FEHA:

• The employee making the claim experienced unwelcome sexual advances, threats, or comments.
• Those unwelcome sexual advances, threats, or comments came from a supervisor, either the employee’s direct supervisor or someone above them.
• If the employee rejected those advances, there would be a negative impact on their career or their employment status.

Quid Pro Quo Harassment Examples

To help you understand more about quid pro quo, here are some examples of what an employer may say to you:

• “I will give you a pay raise, but only if you go on a date with me and come home with me afterward.”
• “If you do not satisfy my sexual needs, I will fire you.”
• “You will get a promotion if you perform a sexual act for me.”

However, the statements do not need to be so clear in order to constitute quid pro quo. Even if your employer hints or suggests anything like this, you may have a quid pro quo case. Managers may also partake in quid pro quo with lower employees–it does not have to be the boss or CEO.

What Should You Do If You Are Sexually Harassed at Work?

It can be confusing and difficult to understand how to immediately address an incidence of quid pro quo sexual harassment in the workplace, especially if it has never happened to you before. You may be feeling unsafe, disgusted, and fairly threatened. However, it is important that you take the proper steps to protect yourself and your future sexual harassment claim by acting quickly. Here are some steps you can take in the event you are sexually harassed:

• Report the Incident: Your company may have a certain structure in place when it comes to reporting misconduct. Check out your employee handbook to find out what that structure is. There is a good chance you are supposed to report misconduct to your direct supervisor or your HR department. It is vital that you report the claim to someone in a position of power who will now know what has happened.
• File a Complaint: Once you have reported the incident, if you hear nothing back about it, you may want to consider filing a complaint with the California Civil Rights Department (CRD). Before you can pursue a workplace harassment lawsuit in California, you will need to file a complaint with the CRD first.
• Pursue Legal Action: Once you have filed a complaint with the CRD, they will issue a “right to sue” notice when their investigation has been completed. Once that issue has been given to you, you can begin pursuing legal action against your employer for a sexual harassment claim in a civil lawsuit. You will have one year from the issue of the “right to sue” notice to exercise that right and file a lawsuit.

How Should an Employer Respond to Your Claim?

When you report the incident, your employer should be shocked and appalled that quid pro quo harassment is happening at their company. If your employer wants to be transparent and helpful with your situation, here are some actions they may take:

• Listening: Above all, they should listen to the details of your claim and take it seriously. If you can tell they aren’t paying attention or they don’t believe you, they likely will not be of much help to you.
• Take Action: If they believe you and intend to help, they may take immediate action against the accused harasser pending an internal investigation. This action could involve scheduling your harasser on different days so you have little to no interaction with them.
• Investigate Independently: Your employer may choose to launch an independent investigation into your accusations with the help of a neutral third party. This investigation should be thorough and take into account any evidence you may have presented.

FAQs

Q: What Is an Example of Quid Pro Quo Sexual Harassment?

A: There are many examples of quid pro quo sexual harassment occurring in many different kinds of workplaces. One such example would be if your manager came by your desk and offered you a promotion in exchange for sexual favors. The manager might promise you an immediate managerial position and imply that if you were to turn them down, your future at the company would likely be at risk. If this happens to you, report the behavior immediately.

Q: What Is the Difference Between Quid Pro Quo and a Hostile Work Environment?

A: The two main types of sexual harassment in the workplace are quid pro quo and hostile work environment. The two are similar but have multiple key differences in how the victim is treated. Quid pro quo harassment is always done by an authority figure within the company who is abusing their power to try and extort sexual favors from subordinates. A hostile work environment occurs when your coworkers are sharing sexually explicit jokes and images that make you feel uncomfortable.

Q: What Are the Characteristics of Quid Pro Quo Sexual Harassment?

A: The characteristics of quid pro quo sexual harassment include an authority figure within the company trying to use their position of authority to pressure their subordinates to give them sexual favors in exchange for advancement within the company. It is always done by an authority figure, and they always promise something akin to advancement, such as a promotion or a pay raise. If you are ever in a situation where your manager or supervisor tries to extort sexual favors from you, report them immediately.

Q: How Can You Prove Quid Pro Quo Sexual Harassment?

A: In order to prove that quid pro quo sexual harassment has happened to you, you must gather as much evidence as you possibly can to prove that the incident not only happened but it happened the way you said it did. These incidents can be difficult to prove, as they often don’t have witnesses, and it becomes your word against theirs. If you have evidence of the incident, such as audio or video recordings, emails, or witness statements, it becomes much easier to prove your case.

Reach Out to a Sexual Harassment Lawyer Today

Dealing with the fallout of a quid pro quo sexual harassment situation can be overwhelming and difficult to comprehend. You may be feeling isolated and worried about your future at your company. That’s why you should consider reaching out to a sexual harassment lawyer and inform them of your situation. The legal team at Fulton Law Corporation can help you figure out your next steps and ensure that you are not taken advantage of in this situation.

If you experience anything like this, it can be distressing. The consequences of quid pro quo can be harmful and devastating to your employment opportunities and personal life. If you think you are a victim of quid pro quo harassment, talk to a lawyer and learn how to file a complaint. Contact us today to schedule a free consultation.