Have you heard about the term quid pro quo, which is a Latin term? If not, its literal meaning is “something for something.” You can use this term in any circumstances, but if it is used within the workplace, then it is usually referred to as sexual harassment. 

In this article, we will be discussing the concept of quid pro quo harassment and the legal remedies that are against it. 

What Is Quid Pro Quo Harassment?

The Latin term quid pro quo tends to translate to “something for something.” Quid pro quo harassments tend to occur within the realm of one’s workplace, typically when an individual in higher authority, like a manager or any other senior member, provides a mere hint or offers the employee to give something in return that is sexual nature. 

This means if your manager or senior management hints to you or offers you a promotion or raise in return for their sexual demand. This can also occur when the senior management says that they will not fire or reprimand that employee if they agree with their sexual demand. 

On the other hand, quid pro quo harassment is not only subjected to employees of an organization. But it can also be faced by a job applicant, where the hiring decision might be based on their acceptance or rejection of the sexual advances made by the hiring manager.

An instance can include a male manager interviewing a female job applicant who tries to brush his hand on her thighs. When the applicant objects to the gesture, he replies with, “Don’t you want this job?”. This implies that the woman must comply with the hiring manager’s sexual advances to get hired. 

What Are The Elements Of A Quid Pro Quo Claim?

If you are facing or have faced quid pro quo harassment in your workplace, then it is advised that you report the incident to take legal action. But before you lodge a complaint, it is vital that you determine the elements required for a quid pro quo claim. 

In order to prove a quid pro quo harassment, the quid (plaintiff of the case) will be required to prove the elements to the jury mentioned below:

• The plaintiff filing the complaint must be an employee or has applied for a job in the organization who is the defendant. 
• The likely harasser, an employee or an officer of the organization, must have made unwelcome sexual advances to the plaintiff. Or has indulged in unwanted verbal or physical behavior of sexual nature. 
• The plaintiff will also have to prove that certain employment benefits were conditioned by the plaintiff’s acceptance of the alleged sexual advances of the harasser. 
• The decision to employment was based on the acceptance and rejection of unwanted sexual advances. 
• During the alleged sexual advances, the harasser has been an employee or officer within the organization. 
• The plaintiff has been damaged due to the alleged conduct of the harasser. 
• The alleged harasser’s conduct has been a major instance of generating damage to the plaintiff. 

If you consider it from a practical standpoint, the court will be looking forward to the proof and evidence underlying the sexual harassment you have faced in the workplace to provide a verdict in your favor.

Especially if you have been demoted or terminated from your job by your employer. However, if you have not been fired or demoted from your job but have faced such harassment, you are still eligible to file a case against your employer. 

What Are The Legal Remedies Against Quid Pro Quo Harassment?

If you are the plaintiff in quid pro quo harassment, then there are a variety of legal remedies for compensating the damages faced due to the alleged conduct. Being a plaintiff, you have the ability to recover the damages that you have faced. 

These damages might include lost wages, lost benefits, and even loss of employment opportunities. On the other hand, you also have the right to claim damages related to emotional distress in some circumstances to get your livelihood by getting your job back. 

On the other hand, punitive damages can also be awarded to the plaintiff if there are obvious violations that have been used to discourage the defendant from engaging in or allowing sexual harassment in the near future. But typically, punitive damages are not awarded. 

If you are an employee who is facing quid pro quo harassment, then you will be able to file a complaint in a state or federal labor protection agency first. After this process, you will have 180 days as the claimant of the quid pro quo harassment to file it to the “U.S. Equal Employment Opportunity Commission (EEOC).”

Facts Regarding Sexual Harassment In The Workplace

In the United States, employees are considered a special protected class. Due to this, every right provided to employees falls under the realm of federal law. “Title VII of the Civil Rights” is the area that protects employees from harassment and bias in the workplace. 

What Kind Of Lawyer Will Fight A Quid Pro Quo Harassment Case?

Cue the entrance of our legal avenger – the Employment Discrimination Lawyer. This superhero specializes in battling workplace injustices, including the notorious quid pro quo harassment. Here’s why they are your go-to savior in this legal saga:

1. Expertise in Employment Laws: The Legal Arsenal

Employment Discrimination Lawyers are the maestros of employment laws. They know the ins and outs of federal and state regulations that safeguard employees from discrimination. When you’re facing quid pro quo harassment, you need someone who can wield this legal arsenal effectively.

2. Navigating Title VII: The Shield Against Discrimination

Title VII of the Civil Rights Act of 1964 is the superhero shield against workplace discrimination. Employment Discrimination Lawyers are fluent in this legal language, using it to protect employees from quid pro quo harassment. They know how to leverage Title VII to hold harassers and their enablers accountable.

3. Investigative Prowess: Unmasking the Culprits

Our legal avengers aren’t just lawyers; they’re also seasoned investigators. They know how to dig deep, gather evidence, and unmask the perpetrators of quid pro quo harassment. Whether it’s scrutinizing emails, interviewing witnesses, or uncovering patterns of misconduct, they leave no stone unturned.

4. Negotiation and Mediation Skills: Seeking Justice

Sometimes, justice is best served through negotiation or mediation. Employment Discrimination Lawyers are skilled diplomats adept at navigating settlement talks to ensure their clients receive fair compensation and that the harasser faces the consequences.

5. Litigation Prowess: Going to Battle

When negotiation fails, our legal avenger is ready to go to battle in the courtroom. Employment Discrimination Lawyers have the litigation prowess to build a compelling case, cross-examine witnesses, and deliver powerful arguments that resonate with judges and juries.

Steps to Confronting Quid Pro Quo Harassment

Our legal hero doesn’t just charge into battle without a plan. Here’s the step-by-step battle plan Employment Discrimination Lawyers follow when confronting quid pro quo harassment:

1. Client Consultation: Understanding the Victim’s Story

The first step is to sit down with the victim and listen to their story. Understanding the nuances of harassment is crucial for building a robust case. Our legal avenger ensures the victim feels heard and validated.

2. Legal Assessment: Evaluating the Case Strength

Employment Discrimination Lawyers conduct a thorough legal assessment. They scrutinize the evidence, assess the strength of the case, and determine the best course of action, whether it’s negotiation, mediation, or litigation.

3. Internal Complaints: Navigating Company Procedures

In many cases, our legal avenger guides the victim through the company’s internal complaint procedures. This not only follows protocol but also creates a record of the victim’s efforts to address the harassment within the organization.

4. Equal Employment Opportunity Commission (EEOC) Filing: Elevating the Battle

If internal remedies fall short, Employment Discrimination Lawyers know how to escalate the battle. They file a complaint with the EEOC, the federal agency responsible for enforcing anti-discrimination laws. This is a crucial step in the legal journey.

5. Legal Documentation: Building a Fortress of Evidence

Documentation is the backbone of any legal battle. Our legal avenger ensures that every piece of evidence is meticulously collected and documented, creating a fortress of information that strengthens the victim’s case.

6. Negotiation and Mediation: Pursuing Resolution

Our legal avenger is not just a warrior but a diplomat. They engage in negotiation or mediation, aiming for a resolution that compensates the victim and holds the harasser accountable without the need for a courtroom brawl.

7. Litigation: Taking the Battle to Court

When all else fails, our legal hero is ready to take the battle to court. They file a lawsuit, present evidence, and passionately advocate for their client, seeking justice from the legal system.

Final Thoughts

Facing sexual harassment in the workplace can be a frustrating and stressful situation. It also makes your workplace a living hell if you have not been terminated from your employment, as you have to face the harasser on a daily basis. 

Due to this, if you have been faced with workplace harassment, the best action will be to talk to a sexual harassment attorney or an employment lawyer. They will be effectively analyzing the situation you have been faced with. Regarding this, they will be applying the relevant state or federal laws in order to determine the rights you have for filing your claim. 

Additionally, it is also advisable that you take appropriate measures before you claim a quid pro quo harassment to the legal authorities. Hope you have found this article informative and as per your needs.

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