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QUID PRO QUO SEXUAL HARASSMENT

The Latin term, quid pro quo means this for that. Quid pro quo is a form of sexual harassment in which the harasser tolerates the victim and/or provides employment benefits in exchange for the victim’s acceptance of the sexual harassment. There is a fine line between consent and quid pro quo sexual harassment if the victim gives in to some extent. The better case involving quid quo pro sexual harassment involves a sexual harassment victim who refuses the harasser’s offer of benefits in exchange for sex. Fine lines also exist between the victim who, “Does not raise too many waves” when the sexual harassment occurs because their experience is when they do they are retaliated against.

Nuances in what flies and what does not work in a sexual harassment lawsuit are best left to the consultation of an experienced sexual harassment lawyer at 1-877-525-0700. Notwithstanding, for your educational benefit an actual jury instruction on quid pro quo sexual harassment follows.

2520. Quid pro quo Sexual Harassment—Essential Factual Elements

Marina Chang claims that Terrible Job and/or William Pomklin subjected her to sexual harassment. To establish this claim, Marina Chang must prove all of the following:

  1. That Marina Chang was an employee of Terrible Job;

  2. That unwanted sexual advances were made to Marina Chang or she was subjected to other unwanted verbal or physical conduct of a sexual nature;

  3. That terms of employment, job benefits, or favorable working conditions were conditioned, by words or conduct, on Marina Chang’s acceptance William Pomklin’s of sexual advances or conduct;

  4. That either supervisory or higher level employees of Terrible Job were engaged in the conduct or were aware of any such conduct of non-supervisory employees or agents for Terrible Job and failed to take immediate and corrective actions;

  5. That Marina Chang was harmed; and

  6. That the conduct was a substantial factor in causing Marina Chang’s harm.

QUID PRO QUO HARASSMENT EXAMPLES

The following are real examples of quid pro quo sexual harassment that occurred in cases our sexual harassment law firm recovered significant money for the harassed employee:

  • The less hostility the employee voiced about harassing conduct the better hours she got

  • Once the employee complained of sexually inappropriate conduct she lost the opening shift

  • Once a male complained about a bi-sexual’s sexual harassment of him he was told he would be fired before the harasser

  • A failure to give a boss sex resulted in him taking a waitress of schedule

  • A failure to give a supervisor sex resulted in him telling a waitress they could work something out while staring at the erection in his pants

Quid pro quo sexual harassment is illegal. Retaliation for complaining about sexual harassment is wrong. Get an experienced sexual harassment lawyer and have your dignity restored.

SUPERVISOR SEXUAL HARASSMENT

Technically, quid pro quo sexual harassment has to be done by a supervisor or higher level employee. Only somebody with authority can grant benefits in exchange for sexual harassment or actual sex. However, employers may be liable for quid pro quo sexual harassment if they are aware of it and fail to stop it. Sometimes managers are aware or act in concert with a non-supervisory coworker engaged in quid quo pro sexual harassment. These scenarios are legally complex and can only be analyzed by an experienced sexual harassment law firm such as ours which can be contacted at 1-877-525-0700.

The general rule of law is employers are liable for the sexual harassment of supervisory or higher level employees. This means employers are liable for the sexual harassment of a manger regardless of whether it is quid quo pro sexual harassment or another form of sexual harassment such as hostile work environment sexual harassment.

Our sexual harassment law firm has offices in Bakersfield, Los Angeles, Oxnard, Riverside, Sherman Oaks, and Tustin. We also take sexual harassment lawsuits across California and in the Massachusetts. Please contact our experienced sexual harassment lawyers if you were subjected to any form of sexual harassment at work.