If you're like many people who have been sexually harassed in the workplace (get the full sexual harassment definition here), you may be considering filing a sexual harassment lawsuit. When you talk to an attorney about your situation, he or she will ask you several questions – including what type of harassment you suffered and what's happening now. One type of sexual harassment is called quid pro quo – and it may have been what you experienced. What is Quid Pro Quo Sexual Harassment? Quid pro quo sexual harassment is a type of harassment that involves one person offering some type of benefit in exchange for some form of sexual favor. In Latin, the term quid pro quo means "this for that. " Usually, quid pro quo sexual harassment occurs between a supervisor and a subordinate. That's because the supervisor has the power to provide a reward or create an adverse action, depending on how the other person receives his or her sexual advances. If you're not sure whether you've been the victim of quid pro quo sexual harassment, here are a few examples to help you.
Jim has not changed his behavior, in fact, it is escalating daily. Some staff members have observed Jim's behavior and now engage in similar behaviors. Other staff members have come to you, the manager and complained. You do not find the behavior offensive and have done nothing. Being able to assess an incident is a critical step in stopping and preventing sexual harassment or harassment of any kind. TKEC training can give you the knowledge to prevent a hostile environment. On June 27, 2018 / Sexual Harassment
*Note: in some states, providing sexual harassment training is mandatory rather than simply prudent. Be sure to check your local laws if you're unsure whether this applies to you. About Bridget Miller: Bridget Miller is a business consultant with a specialized MBA in International Economics and Management, which provides a unique perspective on business challenges. She's been working in the corporate world for over 15 years, with experience across multiple diverse departments including HR, sales, marketing, IT, commercial development, and training.
The U. S. Supreme Court has held that an employer is always liable for a supervisor or manager's harassment if it results in a tangible employment action. Tangible employment actions include demotion, firing, or unfavorable changes in work assignment. [4] An employee resignation may also constitute a tangible employment action under the constructive discharge doctrine if the employee can show the "abusive working environment became so intolerable that her resignation qualified as a fitting response. " [5] Remedies Remedies for victims of quid pro quo sexual harassment may include recovery of compensatory damages such as medical expenses, future economic loss, loss of enjoyment of life, and back pay. Punitive damages may also be awarded if the claimant establishes that the employer acted with malice or reckless indifference to her or his rights. Some mechanisms, policies, and strategies are described in the Prevention discussion in this Sexual Harassment section. [1] See, e. g., Okoli v. City of Baltimore, 648 F. 3d 216, 225 (4th Cir.
A threat or promise does not have to be explicit in order to be considered sexual harassment. A manager may hint that their employee will be happier at work if they go along with a sexual demand, for example, or that they may find themselves out of work if they don't agree to it. Both of these situations may still qualify as quid pro quo sexual harassment if the other elements of this type of harassment are met. If you have been subjected to quid pro quo sexual harassment or any other type of harassment in the workplace, a skilled California sexual harassment attorney can advise you of your rights and help you decide how to proceed. This may include filing a report with your boss or the company's human resources department. If your employer does not appropriately address the issue, you may file a complaint with the Department of Fair Employment and Housing. From there, you may be issued a right-to-sue notice that will allow you to file a lawsuit against your employer. Importantly, it is illegal in California for an employer to retaliate against an employee for filing a complaint about sexual harassment (or other types of harassment).