“This for That” Sexual Harassment

“Quid pro quo” is the Latin term meaning “this for that”. Under California law, quid pro quo is a form of sexual harassment that occurs when a supervisor or someone in a position of authority requests sex, sexual favors or a sexual relationship in exchange for not firing or otherwise punishing the employee, or in exchange for favors, such as hiring, promotions or raises. In these instances, unwanted sexual favors become a bargaining tool for advancement in the workplace and can create a hostile work environment for everyone involved.

Recognizing Quid Pro Quo Sexual Harassment – Instances of unwanted sexual advances are never okay even when an offending party believes they have done nothing wrong. Sexual harassment can be an outright demand for sexual favors or can be more subtle. An example of subtle sexual harassment occurs when an employee is expected to submit to sexual situations such as an employer touching an employee sexually and expecting the employee to remain silent.

Quid pro quo harassment is form of blackmail in which an employee believes he or she is unable to deny the requests of their superior for fear of repercussions. In many cases an employee who refuses sexual advances is punished or fired.

Proving Quid Pro Quo Sexual Harassment – Proving sexual harassment can be a tricky matter. Even a single instance can form the basis of a claim in a quid pro quo setting. In order to prove sexual harassment, it must be evident that:

1. The victim was an employee, applied for a job, or was providing a service of the accused;
2. The alleged harasser made unwanted sexual advances or engages in unwanted verbal or physical conduct of a sexual nature;
3. Job benefits or employment decisions were conditioned on the acceptance of the sexual advances or conduct;
4. At the time of the misconduct, the accused was a supervisor for the victim;
5. Harm occurred; and
6. The accused’s conduct was a substantial factor in causing said harm.

You Are Not Alone In Your Sexual Harassment Claim – If you are being sexually harassed, you should always remember that you are never feel obligated to respond positively to sexual harassment. Both federal law and California law prohibits sexual harassment and gives options to victims of sexual harassment to recover for the emotional damages, psychological trauma and economic damages.

If you have been sexually harassed and wrongfully terminated for not reciprocating or going along with your harasser’s wishes, do not fear. A skilled California sexual harassment attorney can offer you the guidance and expertise you need to protect yourself and recover for your injuries. The attorneys at the Law Offices of Justin King will zealously represent your interests to the fullest extent possible in order to punish those responsible for the unwanted advances and help put your life back together again. Contact us today at (909) 297-5001 for a free confidential initial case evaluation.

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The Law Office of Justin H. King