The term “quid pro quo” is Latin for “this for that.” Quid pro quo harassment is a direct, transactional abuse of power that happens when a supervisor or someone in power offers job benefits (such as a job offer or raise), or threatens bad consequences, in exchange for sexual favors.
Unlike hostile work environment claims, quid pro quo harassment requires only a single incident if it results in a tangible employment action. If a supervisor fires, demotes, or denies a promotion to an employee who refuses sexual advances, that is quid pro quo harassment.
Frequently Asked Questions
What are examples of quid pro quo harassment?
Examples include:
- A supervisor offering a promotion in exchange for sexual favors
- Threatening to fire or demote an employee who rejects advances
- Promising better shifts, pay, or opportunities in exchange for engaging in sexual acts
- Punishing an employee for rejecting inappropriate conduct
Does quid pro quo harassment have to involve sex?
Most quid pro quo harassment claims involve sexual conduct. However, unlawful quid pro quo conduct can take many forms, including unwanted touching, suggestive comments, explicit messages, or pressure to go on a date.
The key issue is whether an employee’s reaction to unwelcome, sexual behavior is used as the basis for employment decisions.
Does quid pro quo harassment require repeated behavior?
No. A single incident of quid pro quo harassment can be sufficient to support a legal claim if it results in a tangible employment action, such as termination, demotion, or denial of a promotion.
Unlike a hostile work environment claim, quid pro quo harassment does not require the conduct to be severe or pervasive. One instance is sufficient if a job benefit or consequence is tied to the employee’s response to the unwelcome conduct.
Is the employer automatically liable for quid pro quo harassment by a supervisor?
Yes. When a supervisor commits quid pro quo harassment that results in a tangible employment action, the employer is strictly liable. The employer cannot avoid liability by claiming it did not know about the harassment.
Can I still have a quid pro quo harassment claim if I went along with it?
Yes. You may still have a valid quid pro quo claim even if you felt pressured to go along with the conduct.
The law recognizes that employees may comply with unwelcome behavior when their job, pay, or career opportunities are at risk. What matters is whether the conduct was truly unwelcome and tied to job benefits or consequences.
If you are dealing with workplace quid pro quo harassment, you may have more questions about your rights and next steps. The resources below can help:
- How to file a charge with the EEOC or FCHR
- What to do if you are being harassed at work
- What damages may be available in a legal claim
If you have been subjected to quid pro quo harassment, contact Amanda L. Biondolino, PLLC today. We can help you understand your options and take action to protect your career and your rights.
