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Quid Pro Quo

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Your Employer Cannot Offer You Advances at Work in Exchange for Sexual Favors (Quid Pro Quo)

Quid pro quo sexual harassment occurs when your employer, CEO, supervisor, or manager offers you advances in the workplace in exchange for sexual favors. Quid pro quo sexual harassment is an abuse of power and is illegal under federal and state laws.

If your boss subjects you to quid pro quo sexual harassment, you have the right to fight back and seek justice. You need a sexual harassment lawyer who will advocate for your rights in the workplace.

Call our sexual harassment lawyers in New York City, New Jersey, Philadelphia, Miami, and Los Angeles for a free consultation about your quid pro quo sexual harassment claim.

What Is Quid Pro Quo Sexual Harassment?

Quid pro quo (“this for that” in Latin) is a form of sexual harassment where employees and job applicants feel pressure to accept requests for sexual favors in exchange for workplace advancements. In other words, it is when you feel pressured to accept unwanted sexual advances because your job or advancement in the job is at stake.
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Quid pro quo sexual harassment also occurs when your boss retaliates against you (wrongful termination, demotion, reduction in pay, change in shifts) because you refused their sexual advances and requests for sexual favors.

Quid Pro Quo Sexual Harassment in New York City

In New York City, “Quid Pro Quo” harassment consists of an individual being subjected to unwelcome sexual conduct and that the reaction to that conduct was then used as a basis for a decision, either actual or threatened, affecting compensation, terms, conditions, or privileges of employment.

The NYC Human Rights Law describes sexual harassment as any threats, intimidation, harassment, coercion, or violence that 1) interferes with a person’s civil or constitutional rights; and 2) it is motivated in part by that person actual or perceived sex, gender, gender identity or sexual orientation, among other protected classes.

Quid Pro Quo Sexual Harassment in Philadelphia

Quid pro quo in Philadelphia means a favor for a favor.  Under this type of claim, employment advances are given for sexual acts or favors. For instance, your boss may offer you a substantial raise if you agree to engage in sexual acts with him. Retaliation, such as wrongful termination or denying you an assignment or promotion for rejecting sexual advances, can also be a quid pro quo action in Philadelphia.

The Philadelphia Fair Practices Act prohibits all forms of sexual harassment in the Philadelphia workplace. The law protects employees in companies with at least one employee within the city of Philadelphia.

Quid Pro Quo Sexual Harassment in Miami

Under a Miami quid pro quo claim, the employer offers advances in employment in exchange for sexual favors. For instance, if you agree to perform oral sex on your supervisor, you will receive a corner office promotion. Retaliation is also a part of quid pro quo claims. Retaliation occurs when the employer wrongfully terminates or demotes an employee because they did not agree to or return the supervisor’s unwanted sexual advances.

The Florida Civil Rights Act protects employees in Florida companies with 15 or more employees from all forms of sexual harassment.

Quid Pro Quo Sexual Harassment in Los Angeles

Los Angeles law defines a quid pro quo claim as a sexual harassment claim wherein your employer offers you advances in the workplace in exchange for sexual favors. Quid pro quo actions in Los Angeles can also occur as retaliation if you refuse your employer’s sexual advances. Instead of getting a raise or promotion, you may get fired from work or demoted as punishment.

The Fair Employment and Housing Act (FEHA) in California protects employees in workplaces with five or more employees from sexual harassment in the workplace.

Quid Pro Quo Sexual Harassment in New Jersey

New Jersey passed the Law Against Discrimination (LAD) which prohibits sexual harassment in all workplaces with four or more employees. Employees, under LAD, can protect employees from any quid pro quo sexual harassment claims wherein the employee is offered advancements in the workplace in exchange for sexual favors. It also protects employees from retaliation when they deny these sexual favors.

Call us at 800-807-2209 to schedule a free consultation about your quid pro quo sexual harassment claim. Our lawyers handle all employment law matters for employees in New York City, New Jersey, Philadelphia, Miami, and Los Angeles.

What Are Examples of Quid Pro Quo Sexual Harassment?

When a person in a position of power in your workplace offers you a raise, a job, a promotion, or other workplace advances if you agree to their sexual favors, they are committing quid pro quo sexual harassment.

Some examples of this form of sexual harassment may include the following:

1. You interview for a job. The hiring manager tells you how adorable she thinks you are. She tells you that if you agree to meet her for dinner to discuss the details of the job, she can guarantee the job is yours. While she asks you to dinner, she begins to rub your knee. She makes it clear if you do not go to dinner with her, another candidate will get the job.

2. You want a raise. You have worked with the company for over two years and have consistently received excellent employee reviews. When you ask your manager for a raise, he tells you it is yours if you give him something in return. He then proceeds to get very close to you and attempts to kiss you. You refuse his advances. Instead of giving you a raise, you get fired from work.

Are Companies Liable for The Actions of Their Supervisors?

The Supreme Court has made it clear that employers are liable for the unlawful actions of their supervisors. The Court says:

  1. Employers are liable for the actions of their supervisors, and
  2. Employers are encouraged to prevent harassment in the workplace.

If your employer showed reasonable care to prevent the quid pro quo action or the employee did not take advantage of the policies and procedures, corrective opportunities, and other reasonable care offered by the employer to avoid the quid pro quo action.

How Do You File a Claim for Quid Pro Quo Sexual Harassment?

If you have a claim for quid pro quo sexual harassment, you have a right to file a charge against your employer in either federal or state court. The federal court requires you to file a charge with the Equal Employment Opportunity Commission within 180 days (300 days in some states).
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State laws vary regarding your rights and the statute of limitations to file your claim. Speak with a qualified sexual harassment attorney in your state to learn your rights under your state’s laws. Our lawyers handle all sexual harassment law matters for employees in New York City, New Jersey, Philadelphia, Miami, and Los Angeles.

How Long Will Your Claim for Quid Pro Quo Sexual Harassment Take to Settle?

A quid pro quo sexual harassment lawsuit can take a couple of brief months to several years to conclude. Sometimes, your employer will settle before you even file your charge within the proper federal or state agency. In those cases, the case may take as few as four to six months to settle.

However, sometimes, your employer will not settle the claim early, if at all. Settlement negotiations can last right up until the moment before the court enters a final judgment (several years). Consult an experienced sexual harassment lawyer to help negotiate a settlement for you as quickly and fairly as possible.

What Compensation Can You Receive as a Victim of Quid Pro Quo Sexual Harassment?

Quid pro quo sexual harassment can be devastating and humiliating. As a victim, you have the right to request compensation. You may request physical relief, such as firing the supervisor responsible for the quid pro quo sexual harassment or giving you back your job. You may also request financial remedies, such as lost wages, legal fees, and money for emotional distress and pain and suffering.

Discuss your compensation options with a compassionate sexual harassment attorney who is willing to guide you towards the compensation best suited for your case.

What is Tangible Employment Action?

A tangible employment actions occur when a supervisor brings the official power of the enterprise to bear on subordinates such as when the tangible employment: requires an official act of the enterprise; is usually documented in official company records; may be subject to review by higher-level supervisors; and often requires formal approval of the enterprise and use of its internal processes. A tangible employment action inflicts direct economic harm. A tangible employment action can only be caused by a supervisor or another person acting with a supervisory authority within the company. Further, an employment action qualifies as tangible if it results in a substantial change in employment status.

In order to establish a claim under the statute, an individual must show a causal link between the harassment and the tangible employment action. Once an employee makes a prima facie case for discrimination, the burden shifts to the employer to show a nondiscriminatory reason for the tangible employment action. If an employer can show a nondiscriminatory reason for the tangible employment action, then it is the responsibility of the individual to show that the nondiscriminatory reason was a mere pretext for the actual discriminatory reason for the tangible employment actions.

The experienced sexual harassment attorneys at the Derek Smith Law Group, Pllc, understand the nuances of sexual harassment in the workplace. Our sexual harassment lawyers have years of experience bringing employment claims based on sexual harassment. We have worked with the EEOC and various state and local agencies in order to get our clients the relief they deserve in their sexual harassment lawsuits.

How Can a Sexual Harassment Attorney Help Your Quid Pro Quo Claim?

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As the victim of quid pro quo sexual harassment, it is difficult to face your employer and fight for your rights alone. Your employer has already used their position of power to intimidate you once. Working with a sexual harassment attorney will give you an advocate to help you find your voice against your employer.

Your attorney can help you file your claim in the appropriate court or agency for your case within the appropriate time limit. They can help you negotiate a settlement early in the process so you can move on with your life. They can be your partner in the entire process, even if your case ends up in the courtroom.

Contact Our Sexual Harassment Lawyers for Your Free Consultation

Quid pro quo sexual harassment is never your fault. You did not do anything to cause someone to treat you in that manner. It is time to stand up for your rights. If you are the victim of quid pro quo sexual harassment, the experienced sexual harassment attorneys at the Derek Smith Law Group in New York City, New Jersey, Philadelphia, Miami, and Los Angeles can help.

Did Your Boss Offer Your Advancements at Work If You Gave into His Requests for Sexual Favors? This Behavior Is Quid Pro Quo Sexual Harassment. Please Call Us at 800.807.2209 to Learn More About Your Rights.

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