April 27, 2015 Category: Sexual Harassment
Many sexual harassment claims in California involve allegations of quid pro quo sexual harassment. Quid pro quo is a Latin term that means ‘something for something.” In sexual harassment claims, quid pro quo means that an employee was given something or had something taken away from them based on their tolerance or intolerance of a supervisor’s inappropriate sexual behavior.
Quid pro quo sexual harassment can occur even if an employee’s supervisor does not explicitly tell them that they are being hired or fired based on their reaction to sexual harassment. For example, an employer may hint at their intentions during an interview by asking a job candidate if they really want the job while making a sexual gesture. In other cases, an employee may claim that quid pro quo sexual harassment took place when they were fired after refusing the sexual advances of their boss.
To bring a quid pro quo sexual harassment claim, an employee must be able to prove that a supervisor made unwanted sexual advances towards them. The employee must also be able to prove that certain employment benefits they received were only given to them on the condition that they accepted the sexual conduct of their supervisor.
A plaintiff in a quid pro quo sexual harassment claim must be able to show that the sexual harassment took place and they were harmed by it. Courts will usually examine a case to determine if the employee suffered a significant setback in their career as a result of the unlawful behavior. However, an attorney may be able to help a plaintiff to bring a quid pro quo sexual harassment claim even if the employee initially complied with their employer’s inappropriate requests.