What Is Quid Pro Quo Harassment?

Contrary to popular opinion, even the hint or implication of employment benefits or the giving of employment benefits for the sexual harassment victim’s silence counts as quid pro quo harassment.

By Douglas Wade, Attorney

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Introduction to Quid Pro Quo Harassment

Quid Pro Quo Harassment is the exchange of sexual favors for employment benefits. Contrary to popular opinion, even the hint or implication of employment benefits or the giving of employment benefits for the sexual harassment victim’s silence counts as quid pro quo harassment. For example:

A manager threatens to fire an employee but says they will allow them to keep their job if they perform a sexual favor
An employee applies for a promotion, and the interviewer or authority figure says they will give them the promotion in exchange for a sexual favor

It also includes the exchange of silence or non-protest from the sexual harassment victim for an employment benefit. In this article, we will discuss workplace quid pro quo harassment. We recommend managers reading this article and speaking to their employment lawyer about how to prevent quid pro quo harassment.

Elements of a Quid Pro Quo Harassment Charge

In order to be successful in a quid pro quo harassment claim, the plaintiff or claimant must prove all of the following elements:

The plaintiff was an employee at the company or employed for work
The person who did the harassing was an employee or officer of the company and made an unwelcome sexual advance or sexually harassed the plaintiff through words or actions.
A condition was placed on employment benefits that they would only be provided if the plaintiff accepted or kept quiet about the sexual advances of the harasser. This condition might be stated or implied by words or actions.
The person who did the harassing was an agent or supervisor of the company when the alleged harassment took place.
The actions of the harasser harmed the plaintiff in some way and was a major cause of the harm.

The harm would generally be proof that the plaintiff was fired or unexpectedly passed over for a promotion because they rejected the quid pro quo harassment. If the employee submitted to the quid pro quo harassment, then they can still file a claim. There must be some kind of proof of the harm done by the quid pro quo harassment.

What Are the Legal Remedies of Quid Pro Quo Harassment?

The plaintiff may be awarded some of the following damages, depending on the circumstances of the quid pro quo harassment claim:

Lost employment opportunities
Lost wages
Lost benefits
Emotional distress damages
Punitive damages
Reinstatement to their job

A quid pro quo harassment claim must be filed with a labor protection agency like the EEOC before filing a lawsuit. The EEOC will investigate the quid pro quo harassment claim and make a ruling. The plaintiff has 180 days after the incident to file their claim.

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What Is Quid Pro Quo Harassment?

Introduction to Quid Pro Quo Harassment

Elements of a Quid Pro Quo Harassment Charge

What Are the Legal Remedies of Quid Pro Quo Harassment?

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