What is Quid Pro Quo?

As an employee in California, you are entitled to a safe workplace that is free of harassment. Harassment comes in many forms, with one being quid pro quo; however, many workers are unaware of what exactly quid pro quo is or what your legal options are if exposed to this type of treatment while at work. If you or someone you know has been subjected to quid pro quo harassment, it is critical that you speak with an experienced California employment law attorney today to learn more about filing a sexual harassment claim. 

Quid Pro Quo

Quid pro quo is one of two types of sexual harassment that may take place while at work. This type of workplace sexual harassment occurs when a supervisor or other employee in a position of power attempts to trade job-related benefits for sexual favors or behaviors. A job related benefit in this situation can either refer to positive benefits, such as a raise or promotion, or to avoid negative outcomes, like a demotion or termination. In order to legally prove quid pro quo, an employee must be able to show the following:

• The employee experienced unwanted sexual advances, demands, or comments
• The sexual advances, demands, or comments came from a supervisor – either immediate or ranked higher in the organization, and
• If the employee rejected the sexual demands a tangible negative employment action would result from that choice

It is important to note two specific aspects of quid pro quo harassment. First, this type of harassment can only come from a superior in the workplace. If an employee at equal level or lower engages in this behavior, it does not qualify as quid pro quo but might qualify for another form of sexual harassment, such as a hostile work environment claim. Second, in order to qualify as quid pro quo the supervisor must follow through with a negative employment action if their sexual advances are rejected.

What to Do if You Experience Quid Pro Quo Harassment

If you are a California employee and are exposed to quid pro quo behavior in the workplace, there are steps that you should take to protect your employment and your claims. First, document the behavior with the Human Resources department or a more senior supervisor at your workplace.

If the behavior does not stop, file a complaint with the California Department of Fair Employment and Housing (DFEH) within three years of the quid pro quo harassment occurring. An attorney can assist with the filing. The DFEH will then file a Right to Sue notice, which allows the employee and their employment law attorney one year to file a civil lawsuit against the supervisor and employer that engaged and allowed the quid pro quo harassment.

Talk to an Employment Law Attorney

If you have been subjected to quid pro quo sexual harassment in the workplace, you have the right to seek compensation from your employer for that behavior. To learn more about your legal options, call or contact a knowledgeable California employment law attorney in your area today.