Quid pro quo is a Latin phrase that means “something for something.” Quid pro quo harassment in the modern organizational world happens when a supervisor or other authority figure promises or merely implies that they would give the employee anything (a raise or a transfer) in exchange for compliance with their sexual demand. It can also happen when a boss or other authority figure assures not to terminate or penalize an employee in exchange for a sexual favor.
Quid Pro Quo Harassment: A Brief Overview
Quid pro quo harassment is the most subordinate form of sexual harassment to hide. Whenever a perpetrator seems to dominate the individual getting harassed, it is commonly known as quid pro quo sexual misconduct. Also, if a recruiting decision was taken based on the acceptance or rejection of unwanted sexual advances, a job applicant may remain subject to this type of harassment.
For example, a male bank manager evaluating a female teller candidate places his hand on her legs. “Don’t you want this employment?” he says when she objects. It implies a quid pro quo harassment, as to get hired, the female teller must submit to her hiring manager’s approaches.
What Are the Essential Components of a Quid Pro Quo Harassment Suit?
Quid pro quo claimants must be able to demonstrate all of the following factors to prove their harassment claim:
- That they were an accused perpetrator’s employee or prospective employee or subordinate.
- The harasser was a company representative or agent in a managerial position.
- That the harasser made unwelcome sexual advances or participated in other sexually harassing physical or verbal actions.
- That the plaintiff’s professional advantages were contingent on her accepting sexual advances.
- Or that the plaintiff’s acceptance or rejection of the approaches influenced the employment decision.
- The plaintiff got harmed as a result of the defendant’s actions.
Courts and EEOC (Equal Employment Opportunity Commission) want evidence that the sexual harassment resulted in a substantial job action, such as being terminated or not promoted. Also, even if an employer consented to inappropriate sexual approaches, they are still eligible to submit a claim.
Plaintiffs may be entitled to obtain damages for lost wages, benefits, or job possibilities. They may also be entitled to compensation for emotional distress and reinstatement to their occupations. Punitive damages may likewise get awarded in extreme situations to deter the offender from committing or tolerating future acts of sexual harassment, although they are uncommon.
Also, in most cases, a quid pro quo harassment complaint must get filed with a state or federal labor department. Claimants have 180 days to file their complaints with the Equal Employment Opportunity Commission.
What is Sexual Harassment and How Does it Happen?
If your supervisor or a business administrator says, “Get physical with me, and I will reward you,” or “I might fire you if you do not get physical with me,” an employee can file a quid pro quo lawsuit. Other sorts of sexual harassment, on the other hand, may appear more discreet but are nonetheless prohibited when the behavior is undesired.
Also, obscene jokes, hand signals, facial gestures, language, emails, messages, and materials displayed in the workplace, are all examples of sexual harassment. On the other hand, if you were given a workplace reward or blackmailed with a workplace punishment if you agreed to this unpleasant behavior, it is considered quid pro quo harassment.
Offers and threats do not need to get conveyed explicitly. You may file a complaint about quid pro quo assault if the harasser makes it clear through their words or actions that they will reward or punish you in the job if you approve or disapprove of their sexual activity. Whether you refuse or accept the unwelcome sexual approaches or actions, you have all the rights to file a quid pro quo claim.
Understanding Quid Pro Quo Harassment Situations
In terms of job considerations, quid pro quo might also take the shape of a worker bearing the burden of sexual advances rejection. Hiring, firing, promotion, relegation, performance assessments, and remuneration decisions are all common examples of employment decisions. The harassment might be verbal, such as making a sexually offensive remark, physicals, such as making sexual approaches, or visual, such as being forced to watch indecent photos.
There must be an occupational decision concerned, as well as the employee being exposed to unwelcome sexual contact by the supervisor or management, for an occurrence to be considered quid pro quo. It’s impossible to say whether or not the sexual behavior was undesired. For this, the researcher can look into the supervisor’s and employee’s reactions to the incident. Has the supervisor made comparable offers to anyone else at the company? Has the victim informed anyone in the organization about this? Has the victim opposed the behavior but was forced to acquiesce in the end?
The principal difficulty in researching quid pro quo sexual harassment is that it can be very subtle, and victims are less likely to complain. It is either because the individual benefits from it or because they are afraid of retaliation. In most examples of quid pro quo, the prospect of losing the job gets conveyed. Obtaining evidence can also be challenging because no one ever remains aware of this situation except the two persons involved.
Proving Allegations of Quid Pro Quo Sexual Harassment
It is not always straightforward to prove sexual harassment charges, whether based on a quid pro quo or a stressful work environment. For one thing, the interpersonal communications of sexual harassment can be tricky, making harassing behavior appear consensual when it isn’t. Furthermore, sexual harassment may occur in solitude, with no witnesses to substantiate charges. As a result, many instances come down to the parties’ credibility.
Therefore, victims must always collect the most solid proof that can help substantiate their sexual harassment claim to construct a concrete case. Bystanders to harassing actions witnesses to the victim’s immediate wake can be pretty beneficial in proving harassment allegations. Prior accusations against the employer evidence of the employer’s response to these complaints may be valuable.
Also, the trustworthiness of the employer’s rationale for adverse employment action must get thoroughly analyzed in any sexual harassment claim to establish whether the explanation is pretextual. It can be challenging, especially when a supervisor’s interactions imply quid pro quo harassment or when an employer gives a reasonable, albeit deceptive, performance-based basis for unfavorable employment consequences in a hostile work environment.
Is it Something That You Can Avoid?
Like all harassment instances, Quid pro quo can be avoided to some extent. However, guidelines for what is and isn’t acceptable as quid pro quo harassment must get established. Such points should remain included in any anti-harassment and zero-tolerance policies and procedures at the company and be evaluated thoroughly for clarity.
Any information about employment rights should be easily accessible so that there is no misunderstanding or ambiguity about what an employee is required to do. Those in positions of power and responsibility in the workplace who are more inclined to become stalkers in a quid pro quo setting should consider putting in place a checks-and-balances system to prevent misuse.
In a nutshell, the key to comprehending the problem of quid pro quo is to comprehend how power and ownership encourage abuse. Whether people, employment, maintaining certain benefits, or even fundamental human rights, the harassment perpetrator remains in a controlling position to use them indiscriminately. Therefore, it becomes vital for organizations to establish stringent rules to ensure that there is no harassment or discrimination in the workplace.