Workplace sexual harassment is something that should never happen. In particular, it is a problem when harassment happens through the inherent power difference in a workplace hierarchy. It’s important to identify what these kinds of violations look like, and it can be helpful to consider some examples of quid pro quo harassment in California workplaces.
What Quid Pro Quo Sexual Harassment Is
Sexual harassment at work can take different forms but is generally divided into hostile work environments and quid pro quo sexual harassment. In the case of a hostile work environment, the harassment is direct and can involve a variety of different behaviors that are sexually violating, ranging from teasing and inappropriate jokes to sexual assault.
Quid pro quo harassment is a very specific form of harassment, as it is based on the premise of an exchange of favors, or “this for that.” This kind of harassment occurs when someone at their place of work uses their ability to offer some kind of employment or career benefit to coerce someone else into some kind of sexual favor.
Quid pro quo harassment is typically the result of someone having authority and power in the company that is beneficial to someone else. In most cases, this involves a superior offering a benefit to an employee or prospective employee in exchange for something sexual.
Examples of Quid Pro Quo Sexual Harassment
On one side of quid pro quo sexual harassment, someone is seeking a sexual favor. This could involve a broad set of activities, such as sexual acts, seeking sexual photographs and videos, or other concerns of a sexual nature. The party seeking these sexual favors will either offer or imply that the exchange will benefit the other party.
The benefits that the party offers could be an advancement to the other employee’s career, or it could be protection against some negative impact. Some of what could be offered or implied include:
- Being hired or promoted
- Threats of being fired unless the activity is engaged in by the employee
- Increased pay
- Better scheduling and flexibility
- More desirable work assignments
- Training or travel opportunities
- A better work environment
- Benefits, such as healthcare and stock options
- Perks, such as a better office location
- A better performance review
- Access to confidential or sensitive information
- Recognition or awards in the workplace
- Positive recommendations
FAQs
Q: What Should I Do if I’ve Been a Victim of Quid Pro Quo Sexual Harassment?
A: What you should do if you’ve been a victim of quid pro quo sexual harassment is contact the appropriate parties in the company you work for. This could mean the superior of whoever did the harassment or someone in human resources. In some cases, such as a very small business, there may not be someone to go to if the owner is the perpetrator, in which case it may be necessary to go directly to a lawyer.
In most cases, you should go to a lawyer if they fail to address the issue. It’s also critical that you document everything you can related to the harassment and your employer’s response.
Q: What if My Employer Fails to Address the Harassment?
A: If your employer fails to address the harassment, it is wise to contact a sexual harassment attorney who can help you understand the next steps involved in the process. This could involve contacting your employer and seeking an acceptable resolution to the situation. It could also involve the possibility of filing a claim and following through with litigation if that’s what it will take to solve the problem.
Q: How Do I File a Claim for Quid Pro Quo Harassment?
A: How you file a claim for quid pro quo harassment can be complicated. There are two different ways you can file a complaint, as sexual harassment violates both California’s Fair Employment and Housing Act and, at the federal level, Title VII of the Civil Rights Act of 1964.
This means that a claim can be made through California’s Civil Rights Department and the Federal Equal Employment Opportunity Commission. Filing can be complicated, and many people benefit from working with an experienced lawyer to ensure that their claim is submitted correctly.
Q: When Do I Need to File a Quid Pro Quo Harassment?
A: When you need to file a quid pro quo harassment claim can differ a little depending on the situation and complaint that you are filing. Generally, claims to California’s Civil Rights Department will need to be filed within three years of the incident. However, filing with the U.S. Equal Employment Opportunity Commission will typically need to be done within 180 days.
There can be some variance in these timelines, which is why it’s important to work with a lawyer to understand what deadlines apply to your situation.
We Help Victims of Quid Pro Quo Harassment
Quid pro quo harassment is a particularly reprehensible form of harassment at work, as it seeks to take advantage of the dynamic of inherent power differences that emerge in the workplace. Sadly, it’s still a prevalent form of sexual harassment and is one that employers occasionally turn a blind eye to or fail to appropriately respond to. Fortunately, the law does offer some remedy for these situations.
Filing a quid pro quo sexual harassment claim can be a complicated process. There’s often critical paperwork and a particular procedure that needs to be followed. It can also be intimidating, as your employer is likely to have lawyers representing them through the process. That’s why it’s imperative that anyone filing a claim against their employer work with a talented and experienced legal team.
Diefer Law Group has been helping workers with various employment issues, including quid pro quo sexual harassment issues, for two decades. We can help you understand if your situation qualifies as quid pro quo harassment and what your options are. Whether through a settlement or litigation, we fight for what our clients deserve. Contact us today to discuss your situation.
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