What Is Quid Pro Quo?

What Is the Meaning of Quid Pro Quo?
Quid pro quo is a Latin phrase meaning "something for something." In employment law, this term refers to a form of sexual harassment. It occurs when a person in power links job decisions to an employee's willingness to have a sexual or romantic relationship.
According to the Civil Rights Department, quid pro quo can be linked but not limited to:
- Submitting to sexual harassment in order to keep one’s job, get a new job, or receive an employment benefit or opportunity.
- Making decisions about an employee based on their acceptance or rejection of sexual harassment.
How Is Quid Pro Quo Different From Hostile Environment Harassment?
Quid pro quo harassment specifically involves threats or promises related to job actions. Examples of Sexual Harassment Quid Pro Quo:
- A manager tells an employee, “If you go on a date with me, I’ll make sure you get that promotion.”
- A supervisor threatens to fire or demote someone if they don’t comply with sexual requests.
- An employer promises a promotion or interview opportunity in exchange for sexual favors.
- A manager indicates that an employee's refusal to engage in sexual activity will negatively affect their job evaluation or career advancement.
- A boss offers to help with work projects or provide favors if the other person agrees to a sexual relationship, implying a transactional nature linked to job or career benefits.
Hostile environment harassment, on the other hand, is a result of harassment. Such harassment may be ongoing or a single event. Hostile work environments may include:
- Sexual advances, flirtation, teasing, sexually suggestive or obscene letters, invitations, notes, emails, voicemails, or gifts
- Comments, slurs, jokes, remarks, or epithets
- Leering, obscene, or vulgar gestures
- Showing or sharing sexually suggestive or offensive items, like objects, pictures, graphics, cartoons, videos, or posters.
- Impeding or blocking movement, touching, or assaulting others
California Law on Quid Pro Quo Harassment
California has strong anti-harassment laws. California Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act make quid pro quo sexual harassment illegal. This applies even if the employee does not accept the advances. The law focuses on the abuse of power and coercive dynamics in the workplace.
Key Points:
- Power Disparity: Quid pro quo often involves a supervisor taking advantage of their authority over a subordinate.
- One Incident is Enough: In California, just one case of quid pro quo harassment can lead to a legal claim.
- No Need for Economic Harm: An employee doesn't have to suffer financial or job loss to file a complaint.
What About Retaliation?
Another serious legal issue tied to quid pro quo harassment is retaliation. Both the California Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act prohibit employers from punishing workers who:
- File a complaint about sexual harassment.
- Refuse a supervisor’s unwelcome advances.
- Participate in an investigation or lawsuit.
What Should You Do If You Experience Quid Pro Quo Harassment in California?
- Document everything: Keep records of conversations, emails, texts, or any other evidence.
- Report it internally: Notify HR or a trusted supervisor as soon as possible.
- Consult an attorney: can help your rights and guide you through the legal process.
- File a complaint: Once you talk to your lawyer, you can file a charge with the California Civil Rights Department (CRD) or the U.S. Equal Employment Opportunity Commission (EEOC).
What You May be Able to Recover:
- Lost benefits: Compensation for lost employment benefits.
- Emotional distress damages: Compensation for emotional distress caused by the harassment.
- Punitive damages: In extreme cases, damages to punish the harasser for egregious behavior.
- Attorney's fees and legal costs: Legal fees and costs incurred in pursuing the claim.
- Reinstatement: If harassment led to wrongful termination, the court could reinstate the victim to his or her old job.
Quid pro quo harassment is both unethical and illegal. In California, workers have the right to keep their dignity and bodily autonomy without having to exchange them for job benefits. The law states that no one should choose between their career and a harassment-free workplace. There are remedies available to protect you.
At Lawyers for Employee and Consumer Rights, we advocate solely for employees. Contact us to get a free case review by one on our experienced harassment lawyers.
Content is informational only and not legal advice.
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