Quid Pro Quo is a Latin phrase meaning “this for that.” And it still gets used as a term for exploitation that can happen in the workplace or academic settings modernly.
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The Ehline Law Firm handles these delicate cases on behalf of victims with no voice of their own. What makes us different is that we work behind the scenes.
So any person under submission to a pernicious higher authority is a conundrum. Usually, this is a form of sexual harassment. And it happens when supervisors want sexual favors.
Hence, it is sex in exchange for not terminating or disciplining an employee. It is unlawful.
Well that's a no brainer right? Sex in exchange for tangible things is solicitation of prostitution by definition right?
It's illegal when it is in exchange for:
In some cases, it may get used as a way for the person in authority to offer a better job. Or they may provide a nicer schedule, better benefits.
Often, better grades in an academic setting at your junior high, high school, or other public colleges get offered to make life easy for you at school.
Or if you don't submit to your supervisor or professor, you could receive a disciplinary action for even a an infraction.
The victim believes he or she will pay a huge price if they refuse the sexual advance.
Examples include the employer touching the employee sexually. Of course, the expectation is the employee remains silent.
Quid pro quo situations are an unwanted sexual advance or using sex as a bargaining tool. Usually, it is by an individual higher up in a workplace. Obviously, this can make the workplace hostile or intolerable for the employee.
California law protects the employee. And a situation such as this entitles the employee to recover damages if the worker can prove it. So the quid pro quo actions must have resulted in getting deprived of benefits. And these include things such as promotions, raises or even a safe workplace.
Yes, but bad people still ignore the law! Can you see now why having a lawyer could be so important to your case? Employers, managers or others in charge are not supposed to harass or discriminate against employees. PERIOD!
These laws apply in workplaces that include:
There are two types of sexual harassment that most claims fall under.
This action can be implied. But it can also accompany a threat of retaliation if the employee does not agree to the liaison. Under the law quid pro quo can be one single event.
But usually, in this kind of incident, there can be various sexual demands or advances. The sexual harassment may involve behavior or sexual propositions. But it can also include comments on the employee’s body.
Sometimes it will include graphic discussions of sex acts. And most people, especially married ladies, would consider this sexual harassment. In some situations, the supervisor may threaten the consequences of refusing the sexual demands.
Frequent requests may be subtle or demanding including:
A hostile work environment exists when unwanted sexual behavior gets directed at an employee. The hostile work environment can also be sexual harassment. And this can be deemed unwelcome sexual conduct toward an employee.
Though similar to quid pro quo, sexual harassment is a hostile work environment. And this exists where the employee is the focus of undesired attention.
The hostile work environment of sexual harassment must distress, offend or humiliate the employee.
And if done by a supervisor it may include:
Federal and California law prohibit sexual harassment in the workplace. The California statute for sexual harassment is the California Fair Employment and Housing Act.
It is also found in California Government Code section 12900, et seq. And the federal laws are in the Civil Rights Act of 1964. There is additional clarification involving sexual harassment located there.
And the law recognizes that sexual harassment may be widespread. Hence, it could be creating a hostile work environment for employees of one sex or both.
The quid pro quo sexual harassment claim differs from a workplace hostile environment claim. And this is because it can be a single incident of an unwanted sexual advance by a supervisor, manager or owner.
This harassment is about:
So one incident may be enough to support this claim. Hence, the employer is liable.
CAVEAT: The victim must demonstrate it was as a condition for receiving employee benefits. And that could also include promotions, or avoiding adverse employment issues. The evidence shown should prove the events were more likely to have occurred than not.
The one element that is used to determine a hostile work environment involving sexual harassment is the severity. And the frequency of the unwanted sexual conduct must be sufficient to be severe.
See below for additional elements as follows:
Employers have a duty to ensure a safe workplace. So this includes quid pro quo harassment. It sticks since the harasser is a representative of the organization. And this often results in the company being liable for the supervisor or manager's actions.
Under the quid pro quo claim, the employee must prove the supervisor or manager sexually harassed the plaintiff. Further, the employer's sexual satisfaction was a condition of your job. So these have to be unwelcome advances.
When the business fails in their duty, the employer may be liable for sexual harassment. So even if the harassment was unknown to management there is a liability.
So long as it got promoted to a supervisor, manager or agent there is a case. Also, the person promoting the harassment may also be personally liable. So too will those who aided in the harassment.
If an employee believes they were sexually harassed, the first step is to complain. You must make it clear to the individual their actions are not wanted. The next step is following the employee handbook procedures.
That way you can file a complaint with the management staff and employer. After the company notification, they have a legal duty to investigate the complaint. And they must take action to correct the inappropriate behavior immediately.
California employees have:
Victims of sexual harassment often have a difficult time confronting the perpetrator. And it is especially when it happens in the workplace. There is embarrassment the event occurred and the fear of job loss.
The other fear the employee may have is the threat of retaliation. These three issues make it even harder for the victim to make a complaint. So often, the supervisor or manager sexually harassing gets away with it.
Employees shouldn't work in an environment where they face threats or encounter lewd behavior. Any sexual advances or demands are not ok. So this may be the perfect time to consult an experienced quid pro quo attorney.
Hence, you can speak to an advisor. That way the employee gets made aware of their legal rights and the best way to proceed with a claim. Claims get filed against the superior that has sexually harassed.
Also, claims get filed against the owner of the company. And this is the person who had a duty to protect employees from unwelcome sexual advances or threats.
Are you the victim of a quid pro quo sexual harassment situation in your workplace or at a California junior, or state college or university? Harassed by a supervisor, manager or agent? If so, you should know your rights under California law.
The attorneys at ELFPI are compassionate and driven. And our commitment is to protecting the rights of those sexually harassed in the workplace. Whether it was by a superior who uses sexual advances, threats or other pressure, we attack your sexual assailant.
So the employee who fears to lose their job, benefits, promotions or fears reprisal calls us. Contact our experienced lawyers. Learn how we can assist in this type of case at (213) 596-9642.