“Have sex with me or you’re fired!”

“Have sex with me or you’re fired!” Such threats or comments are illegal under the law. Supervisors cannot condition terms of your employment on where or not you have sex with them or acquiesces to their sexual advances or flirting. Moreover, even if you happened to have given in and engaged in a sexual relationship, the supervisor’s behavior may nevertheless be unlawful.

It is unlawful for a supervisor or employee to harass an employee or applicant because of that individual’s sex, gender, or sexual orientation. In general, sexual harassment involves any “unwanted sexual advances” or any sort of conduct which negatively affects an individual’s employment.

 

What is the difference between quid pro quo and hostile work environment?

There are two types of sexual harassment: 1.) hostile work environment sexual harassment and 2.) quid pro quo sexual harassment.

 

1.)  Hostile work environment sexual harassment

A hostile work environment sexual harassment occurs when an employee is subject to unwelcome sexual conduct that creates an unpleasant, intimidating, or offensive business atmosphere at his or her place of employment. Such conduct may unreasonably interfere with his or her job performance.

Examples of actions that may cause a hostile work environment include:

  • offensive comments,
  • inappropriate materials or graffiti,
  • sexually suggestive innuendos,
  • jokes that are sexual in nature,
  • sexual social media posts,
  • sexual gestures and/or unwanted physical touching.

In situations involving sexual harassment as a hostile work environment, an employee or group of employees must prove that the following conditions were met:

  1. The victim of the unwelcome harassment was a member of a protected class
  2. The conduct was sexual in nature
  3. The conduct affected a term, condition, or privilege of employment
  4. The conduct was severe and pervasive
  5. The employer was or should have been aware of the harassment and did not take necessary remedial action (the employer took no action at all, took insufficient action, or exacerbated the problem)sexual harassment by non-Employees | New York City Sexual Harassment Lawyers | Sexual Harassment Lawyer in Manhattan | Sexual Harassment Lawyer in the Bronx | Sexual Harassment Lawyer in Brooklyn | Sexual Harassment Lawyer in Staten Island | Sexual Harassment Lawyer in Queens | Sexual Harassment Lawyer in New York City | Sexual Harassment Lawyer in Long Island City | Sexual Harassment Lawyer in Maspeth | Sexual Harassment Lawyer in Sunnyside | Sexual Harassment Lawyer in Middle Village | Sexual Harassment Lawyer in Woodside | Sexual Harassment Lawyer in Ridgewood | Sexual Harassment Lawyer in Astoria | Sexual Harassment Lawyer in Jackson Heights | Sexual Harassment Lawyer in East Elmhurst | Sexual Harassment Lawyer in Kings County | Sexual Harassment Lawyer in New York County | Sexual Harassment Lawyer in Queens County | Sexual Harassment Lawyer in Richmond County | Sexual Harassment Lawyer in New Jersey | Sexual Harassment Attorney in New Jersey | Sexual Harassment Lawyer in Newark | Sexual Harassment Lawyer in Jersey City | Sexual Harassment Lawyer in Paterson | Sexual Harassment Lawyer in Woodbridge | Sexual Harassment Lawyer in Toms River | Sexual Harassment Lawyer in Hamilton Township | Sexual Harassment Lawyer in Clifton | Sexual Harassment Lawyer in Trenton | Sexual Harassment Lawyer in Camden | Sexual Harassment Lawyer in Cherry Hill | Sexual Harassment Lawyer in Passaic | Sexual Harassment Lawyer in Old Bridge | Sexual Harassment Lawyer in Bayonne | Sexual Harassment Lawyer in Vineland | Sexual Harassment Lawyer in North Bergen | Sexual Harassment Lawyer in Union | Sexual Harassment Lawyer in Hoboken | Sexual Harassment Lawyer in West New York | Sexual Harassment Lawyer in Perth Amboy | Sexual Harassment Lawyer in East Brunswick | Sexual Harassment Lawyer in West Orange | Sexual Harassment Lawyer in Sayreville | Sexual Harassment Lawyer in Hackensack | Sexual Harassment Lawyer in Elizabeth | Sexual Harassment Lawyer in Linden | Sexual Harassment Lawyer in Atlantic City | Sexual Harassment Lawyer in Long Branch | Sexual Harassment Lawyer in Manalapan | Sexual Harassment Lawyer in Rahway | Sexual Harassment Lawyer in Bergenfield | Sexual Harassment Lawyer in Paramus | Sexual Harassment Lawyer in Point Pleasant Beach | Sexual Harassment Lawyer in Weehawken | Sexual Harassment Lawyer in Wildwood | Sexual Harassment Lawyer in Livingston | Sexual Harassment Lawyer in Edison | Sexual Harassment Lawyer in Union City | Sexual Harassment Lawyer in East Orange | Sexual Harassment Lawyer in New Brunswick | Sexual Harassment Lawyer in Pennsylvania | employment discrimination Attorney in New York City | Employment Discrimination in Pennsylvania | Sexual Harassment Lawyer in Philadelphia | Sexual Harassment Lawyer in Pittsburgh | Sexual Harassment Lawyer in Allentown | Sexual Harassment Lawyer in Erie | Sexual Harassment Lawyer in Reading | Sexual Harassment Lawyer in Upper Darby | Sexual Harassment Lawyer in Scranton | Sexual Harassment Lawyer in Bethlehem | Sexual Harassment Lawyer in Bensalem | Sexual Harassment Lawyer in Lancaster | Sexual Harassment Lawyer in Lower Merion | Sexual Harassment Lawyer in Abington | Sexual Harassment Lawyer in Bristol | Sexual Harassment Lawyer in Levittown | Sexual Harassment Lawyer in Harrisburg | Sexual Harassment Lawyer in Haverford | Sexual Harassment Lawyer in Altoona | Unwanted Request For Sex | Sexual Harassment Lawyer in York | Sexual Harassment Lawyer in State College | Sexual Harassment Lawyer in Wilkes-Barre

Moreover, for those living in New York City, the law provides additional scrutiny for the acts or supervisors, whether the supervisor causing the unlawful conduct was or was not the victim’s supervisor.

 

2.)  Quid pro quo sexual harassment

Quid pro quo is a Latin term that translates to “something for something.” Quid pro quo sexual harassment occurs when a supervisor, manager or other authority figure offers or merely hints that he or she will give the employee something—like a raise or a promotion—in return for that individual’s satisfaction of a sexual demand.

Quid pro quo sexual harassment is a theory of sexual harassment that is actionable under Title VII’s anti-gender discrimination provision. Under Title VII an employer is liable for sexual harassment when a supervisor, manager, or other authority figure bases job benefits. Job benefits includes benefits such as a promotion, or increased screen time, on whether the employee acquiesces to the authority figure’s request for sexual favors.

Comments of quid pro quo sexual harassment can come in the form of innuendo or be outwardly vulgar and be blatant or covert.

For example, quid pro quo sexual harassment includes:

  • Your are offered a job in exchange for sex with the authority figure
  • Your co-worker repeatedly asks you for dates or sex
  • Your boss offers you a promotion or increase in pay in exchange for sex
  • A subordinate offers sexual favors in exchange for special treatment
  • Your supervisor threatens to demote or fire you for not sleeping with him or her
  • A boss asking you, “Let’s grab a drink after work to discuss this project,” and then request sex later that night

An individual may claim quid pro quo sexual harassment even if he or she accepts or submits to the sexual advances and suffers one or more employment-related consequences. For example, if an employee is denied a promotion, or was fired upon refusal of a date, one or more requests for a sexual favor, or other sexual advances, or an employee received a raise, or bonus only after fulfilling certain sexual requests, both qualify as workplace sexual harassment under New York State and New York City law.


If you feel like you have been a victim of unlawful discrimination or sexual harassment, call the experienced attorneys at the Derek Smith Law Group, PLLC. Our New York and Philadelphia sexual harassment attorneys work diligently to protect the civil rights of our clients in both the workplace and in the classroom. Whether you are in New York City or Philadelphia, our attorneys have settled cases with large corporations and major universities, and they may be able to help you too. Give our talented discrimination attorneys a call, toll-free, at 1877 4NYLAWS, for your free consultation.