Imagine you’re an employee hoping for an upcoming promotion at your company. You’ve been working hard for months, and your manager thinks the position is as good as yours. However, before the final decision, your boss approaches you and suggests you go out for drinks. You’re married and would prefer not to, but your boss hints that you could lose your chance at the promotion if you don’t go.
Importantly, this isn’t just an uncomfortable situation—it’s an example of quid pro quo harassment. Although many employees in this scenario might feel that something is wrong, they still often get the question: What is quid pro quo harassment?
This blog post will explain what California employees should know about this type of workplace sexual harassment. We’ll cover what it involves, examples to watch out for, and what you can do if you experience it.
What Is Quid Pro Quo Sexual Harassment?
“Quid pro quo” is a Latin phrase that means “this for that.” It is one of two forms of sexual harassment prohibited by California’s Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act. This type of harassment occurs when someone in a supervisory position demands sexual favors—explicitly or implicitly—from an employee in exchange for a favorable work situation or to avoid a negative one.
Quid pro quo sexual harassment includes situations like a boss hinting at promotion for attending drinks or a supervisor threatening reduced hours unless “appreciation” is shown. Similarly, if an employee or job applicant rejects their superior’s sexual advances and that superior fires them or declines to offer them a job because of the rejection, it is quid quo pro harassment. The hallmark of quid pro quo harassment is that the person making the request or threat can follow through. If the person is not in a position to follow through, the victim will likely have a sexual harassment claim for a hostile work environment but not a quid pro quo claim.
What Does Quid Pro Quo Harassment Look Like?
There’s no single example of quid pro quo harassment—it can happen in many ways. Let’s walk through some common scenarios illustrating how this type of harassment can occur in the workplace and discuss steps victims can take to protect themselves.
Being Offered a Job in Exchange for Sexual Favors
Emma has been searching for a job for months. During her final interview with the hiring manager, he tells her she’s the top candidate but suggests they discuss her future over dinner. When Emma hesitates, he puts his hand on her leg and hints that the decision may depend on how “well they get along” outside of work.
Quid pro quo harassment is illegal during the job application process. If you go on a job interview and the person interviewing you offers you a job if you agree to do something sexual for them, it is quid pro quo sexual harassment. Likewise, if they refuse to give you a job because you won’t agree to their demands, it is quid pro quo sexual harassment.
If you face this situation, here are some steps to take to protect yourself:
- Document the conversation, including dates, times, and the interviewers’ words;
- Politely refuse and see if the job offer is still extended;
- Report the incident to HR or upper management; and
- Consult with a workplace harassment attorney about legal options.
Under California law, you still have the right to file a sexual harassment claim as a job applicant, even if you never actually work for the company.
Being Offered Favorable Job Conditions in Exchange for Sexual Favors
Imagine that Jason is in sales at a large tech company and has struggled to meet his monthly quotas. One day, his manager calls Jason into his office and starts complimenting him and making inappropriate physical contact. Then, the manager says that he can help Jason meet his quotas by assigning him the best leads—if Jason agrees to engage in sexual conduct.
When a supervisor in a position to influence a subordinate’s employment status offers job perks in exchange for sexual favors, it is quid pro quo sexual harassment. Examples include offering a raise, better work hours, a promotion, a favorable transfer, or workplace perks like cars and vacations.
Here is how Jason can best protect himself:
- Refuse the offer and get to safety;
- Make a written record of the incident;
- Report the request to HR or another trusted authority; and
- Keep an eye out for potential retaliation.
If Jason’s manager continues to make advances or punishes him for refusing, he should contact an attorney immediately.
Threatening to Terminate an Employee If They End a Consensual Relationship
Carlos had a brief romantic relationship with his manager, but after the breakup, she became hostile. She suddenly cuts his hours and hints that he might not have a future at the company unless he “reconsiders” their relationship.
When a supervisor dates an employee and that employee wants to break up, reacting by threatening the employee with termination or other unfavorable job consequences is quid pro quo harassment. This power imbalance is one of the reasons companies often discourage or prohibit supervisors from dating employees that report to them.
Employees in this situation should take the following steps:
- Keep a record of schedule changes, demotions, or other unfavorable treatment;
- Gather written or electronic communications with your supervisor about your former relationship;
- Report the retaliation to HR or company leadership; and
- Seek legal advice from an employment attorney.
There’s no law against consensual relationships between superiors and their employees. However, when that relationship becomes the basis for harassment, it violates your rights and the law.
Manipulating an Employee into Unwanted Sexual Situations
Lila’s boss frequently invites her to work-related events outside of office hours. At one event, he pressures her to drink excessively and makes inappropriate advances. When Lila expresses discomfort, he laughs it off and reminds her how much he’s done for her career.
Not all incidents of quid pro quo harassment have to result in immediate benefits or punishment. By referring to the power he has over her career, Lila’s boss is taking advantage of her vulnerable situation as a junior colleague to push her into unwanted sexual behavior.
In response, Lila should do the following:
- Remove herself safely from the situation;
- Make a written record of the events of the night and any other specific instances of inappropriate behavior;
- Inform HR or a trusted senior manager about what happened; and
- Contact an employment attorney.
Under federal and state law, it only takes one incident of quid pro quo sexual harassment to warrant a legal claim. You don’t have to wait for this treatment to persist or get worse to get the help you deserve.
Withholding Opportunities from an Employee Who Refuses Sexual Conduct
Mia is an assistant at a bank and has been hoping for a promotion. Her supervisor starts making inappropriate comments about her appearance and suggests that if she “dressed sexier,” she’d have a better shot at a raise. One day, Mia’s supervisor asks her to share explicit photos of herself. After Mia refuses, she notices a reduced workload and is passed over for opportunities.
Here, there’s an implicit link between the supervisor’s request for sexual photos and Mia’s job opportunities. Although the supervisor didn’t say what would happen if Mia refused the request, her power over Mia’s role strongly suggests that the change in her workload resulted from her rejection.
Here is how Mia can respond:
- Keep records of work performance and any sudden changes in responsibilities;
- Document inappropriate conversations and advances;
- Report the issue to HR or a higher authority; and
- Watch out for acts of retaliation from her supervisor.
Most importantly—Mia should reach out to an employment attorney for guidance on her options to take legal action for sexual harassment and potential retaliation.
Can I File a Quid Pro Quo Sexual Harassment Lawsuit?
To hold your employer legally responsible for quid pro quo harassment, you must be able to prove certain elements. They are:
- You are a member of a protected class for the purpose of Title VII;
- You were employed by the company or were applying for a job with the company where the harasser worked;
- The harasser worked in a supervisory position for the company or was an agent of the company in a supervisory role;
- The harasser made unwanted sexual advances or engaged in unwanted verbal or physical conduct that was sexual;
- The harasser directly or indirectly told you that you would receive certain job benefits or be hired if you accepted their advances and that you would not receive these benefits or be penalized or not be hired if you rejected them; and
- The harasser’s advances or conduct harmed you.
Usually, you must file a sexual harassment complaint in California with the state’s Civil Rights Department before you can sue in court. You can also consult a sexual harassment employment lawyer. An experienced sexual harassment attorney will review your claim, discuss the process, and help you determine your best course of action.
When Is Quid Pro Quo Sexual Harassment Considered Sexual Assault?
If a supervisor forces you into sexual acts, either through threats or physical coercion, or while you are incapacitated, it is sexual assault. If you were sexually assaulted or are in danger, don’t wait to file a claim with the state. Call 911 right away and report your supervisor’s actions.
King & Siegel LLP Can Help
At King & Siegel LLP, we fight for people dealing with wrongdoing in the workplace throughout California. Our sexual harassment attorneys are not afraid to go toe-to-toe with your employer and will stand by your side from your claim’s start to finish. Whether you’ve experienced sexual harassment or merely want to explore your rights and options, we offer free, 30-minute consultations. Contact us today. You pay us only if you win.
Julian Burns King graduated with honors from Harvard Law School and founded King & Siegel in 2018. As head of the Firm’s discrimination and harassment practice areas, she champions the rights of working parents and victims of workplace discrimination and harassment. She has been recognized as a “Rising Star” by Super Lawyers annually since 2018 and has recovered tens of millions of dollars on behalf of her clients.