Sexual Favors At Work

In the past few years, more victims are speaking out against sexual harassment and holding their harassers and employers accountable. Hollywood, in particular, has been inundated with stories of powerful people using their decision making power to request sexual favors.

Quid pro quo sexual harassment or requesting sexual favors in exchange for employment favors is illegal in both federal and state law. It is irrelevant if the harasser is overt or simply implies the quid pro quo nature of the sexual harassment. The act puts victims in difficult positions as many times the harasser holds a position of power and could negatively affect their employment. Quid pro quo sexual harassment can be difficult to prove, and you will need the help of an attorney to build a strong case.

Victims of sexual harassment should retain a lawyer before filing a claim. There is a particular process of reporting sexual harassment that needs to be followed to create a strong case. If you misstep, it can affect your case significantly. If you win the case, you may receive compensation in the forms of:

• Lost wages
• Promotion
• Reinstatement of employment
• Other damages like emotional harm or punitive damages

Examples of Quid Pro Quo Sexual Harassment

A number of behaviors fall under the category of quid pro quo harassment and even if the harassment occurs outside of the workplace, if the “benefit” offered is related to your job, then it is still workplace sexual harassment. Here are some examples of quid pro quo sexual harassment.

• During a job interview, the hiring manager tells you that you are not qualified for the job, but if you sleep with them, they will hire you.
  
  
• Your boss is at happy hour outside of work and begins flirting with you in an aggressive manner. You try and reject his advances, but he says if you come to his house, he will make sure you get the promotion you applied for.
  
  
• Your boss comes into your office while you are working late and requests sexual favors. You refuse, and they tell you that if you say no, they will transfer you to another department immediately.
  
  
• You are working a bartending job, and the manager makes a pass at you before you leave work. You decline, but the next day when you come in, all your shifts have been given away.
  
  
• Your supervisor is taking an employee to a convention with them. They suggest it would be a good chance for the two of you to spend quality time together with strong sexual innuendos. On the back of those expectations, you are chosen to go to the convention above other employees.

Quid pro quo sexual harassment is sexual advances with the insinuation that accepting the advances would benefit your career, and rejecting the advances will damage your career. This is a difficult situation to put an employee in and only worsens with the degree of power the harasser holds. It is illegal to put employees in those positions.

You have legal rights, so contact Nakase Wade employment attorneys if your boss has requested sexual favors. Even if you agreed to the sexual favors, you could still hold your boss accountable for their harassment. Our attorneys are compassionate and will listen to your case to help you determine its strength. Contact us today to discuss your case in confidence and receive expert legal advice.

Requests For Sexual Favors and Hostile Work Environments

While requests for sexual favors often come from people with power over you, they can also sometimes come from people on equal footing. A co-worker who cannot adversely impact your employment may make unwanted sexual advances.

If a coworker asks you on a date or suggests you have sex once and you decline, then there is no sexual harassment if they accept the rejection and leave you alone. However, if they make repeated unwanted advances, then it becomes sexual harassment. You should notify your employer or HR of the situation so they can take measures to prevent it. If it happens with great frequency and HR or your employer are not stepping in, then it creates a hostile work environment. You can hold your employer liable for a hostile work environment.

Nakase Wade employment attorneys have won significant settlements for employees who were victim to quid pro quo sexual harassment and requests for sexual favors. Contact us today to discuss your case and see how we may help you.

Can an Employer Be Held Liable for Quid Pro Quo Harassment?

In a number of circumstances, the employer may be held accountable for the quid pro quo harassment. The following circumstances must be present:

• The harasser must supervise the victim of harassment
• A tangible employment action must have taken place as part of the quid pro quo. This includes demotion, firing, hiring, less desirable assignments, changes to work schedule, or changes to pay.

The employer may avoid liability if no tangible employment action takes place and the victim failed to follow the sexual harassment complaints procedure. Because of this defense, it is best for a victim of sexual harassment to contact a California employment attorney to find out if they can hold their employer liable. Nakase Wade employment lawyers can handle every aspect of the case for you. We can notify your employer about the sexual harassment and go through the correct channels to resolve the situation.