Quid Pro Quo Sexual Harassment Explained
Quid pro quo sexual harassment is unique and there are several elements that must be proved to a jury, should you have the Anastopoulo Law firm file a lawsuit on your behalf. This blog post explains more.
What Is Quid Pro Quo Sexual Harassment?
This is a very specific harassment type. It happens on the job, and applies to a situation where a manager or supervisor over an employee either hints at, or offers the employee something related to her or his work, typically a pay raise, promotion or a better position within the business in return for sexual activity by the employee with the supervisor or manager.
Quid pro quo is Latin and it means a favor or advantage granted in return for something. When it is applied to sexual harassment, it means someone in power over a subordinate asks for a sexual favor in exchange for something favorable for the subordinate.
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What Are The Sexual Harassment Laws That Address Quid Pro Quo?
This type of harassment is against both federal and state law. Title 29 Subtitle B Chapter XIV Part 1604 §1604.11 is the federal statute, and the South Carolina law is Section 1-13-10.
Some Examples Of Quid Pro Quo Sexual Harassment
If your supervisor or manager offers you a workplace advantage, benefit, pay raise or promotion, or something similar and that person hints at, or tells you that a sex act is the only way to get this benefit, that is quid pro quo.
If you meet with your manager to complain about another employee, and your manager says the only way they will address your concerns is if you provide a sexual favor, that is also quid pro quo.
What Must Be Proven In A Quid Pro Quo Sexual Harassment Claim?
There are several elements that have to be proven before a jury in a trial:
- You were an employee of the company, or you applied for a job with that business
- The person who sexually harassed you is an employee or officer of the company and made an unwanted sexual advance to you. This can be physical and/or verbal.
- Either verbally or by action, certain job advantages were available to you if you agreed to perform a sex act; if you refused, you would not receive the promised benefit.
- When the harassment occurred, the person who is accused was a supervisor for the business.
- You were harmed in some way by the alleged conduct by the accused.
- The person who allegedly harassed you was a significant factor in the harm caused to you.
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What Legal Remedies Are Available?
You may get lost wages, benefits or employment opportunities if your case is won. You may also win damage for emotional distress.
If you feel you are, or have been a victim of a quid pro quo sexual harassment situation, you must file a complaint either with South Carolina or the federal government. If you wish to file your complaint with the U.S. Equal Employment Opportunity Commission, click here.
Note: Due to the current COVID-19 pandemic, the EEOC offices are not staffed until further notice.
You must file your complaint within 180 days (six months) of the date when you experienced the sexual harassment.
Let the Anastopoulo Law firm help you get the compensation and damages you deserve if you have been sexually harassed. Learn more about our experienced sexual harassment attorneys who are ready to assist you. Or, call us now at (800) 777-7777.