Quid Pro Quo sexual harassment is a form of workplace harassment that is commonly seen in relationships between supervisors and subordinates. However, it is unethical and in direct violation of both federal and California state employment law. But how do you know if you are a victim of quid pro quo sexual harassment? The Los Angeles sexual harassment lawyer at Sparrow Law Group is here to help you understand your situation and determine the best way to protect your rights in the workplace.
Quid Pro Quo Harassment as Defined by California Law
Quid pro quo harassment is one of two primary forms of harassment recognized by the Civil Rights Department of California. While this type of harassment may also be part of a hostile work environment, it is distinguished by the fact that it necessitates a power imbalance where a raise, promotion, or other work benefit is dependent upon your submission to sexual advances.
This may include, agreeing to a date, sexual contact, or simply being forced to tolerate or allow flirtatious or sexual comments. Failing to cooperate or submit to these advances will result in lack of access to a work benefit or perk.
You are Protected Against Quid Pro Quo Harassment in the Workplace
You are protected from Quid Pro Quo harassment by state and federal laws
Equal Employment Opportunity Commision(EEOC) : According to the EEOC quid pro quo often falls under protections for sexual favortism. However, it does provide guidance on identifying this type of behavior and employer liability when it occurs.
Fair Employment and Housing Act (FEHA): California’s Fair Employment and Housing Act protects workers from many forms of discrimination and harassment. This includes a hostile work environment and quid pro quo harassment
The state level protections are the most strict and therefore, the ones that the courts abide by. In most circumstances, sexual harassment is considered a civil offense, allowing you to pursue damages and compensation in a civil court. However, in some circumstances, the behavior may have escalated to a degree that you can also pursue criminal charges.
What to do if You are Facing Quid Pro Quo Sexual Harassment
The very nature of quid pro quo sexual harassment can often make it more challenging to know what to do. If your supervisor is the one engaging in this kind of exploitation, it is understandable that you would not want to approach them, or even their supervisor, to report your concerns.
However, we typically advise our clients to follow your company’s policy on reporting concerns. Most employers will ask employees to report this kind of occurrence to the human resources department. If you have done this and either faced retaliation or they simply failed to take effective action, you may also file a complaint with the Department of Civil Rights.
You may contact a lawyer at any point in this process, though it is often advised to begin speaking with firms sooner, rather than later, to avoid unnecessary delays or complications.