In the diverse and vibrant workplaces of California, employees should feel safe, respected, and free from harassment of any kind. Unfortunately, sexual harassment remains a persistent issue, casting a shadow over the professional lives of many workers. ‘Quid Pro Quo’ harassment is a particularly egregious form of sexual harassment. A reliable employment law attorney can help you understand and protect your legal rights. What is Quid Pro Quo Sexual Harassment? Quid pro quo, a Latin phrase meaning "something for something," is a form of sexual harassment in which an individual in a position of power or authority makes unwelcome sexual advances or demands sexual favors from a subordinate. It’s usually with the implication that compliance will result in favorable treatment, job security, promotions, or other job-related benefits. In essence, it involves the exchange of sexual conduct or favors for professional opportunities. Key elements of quid pro quo sexual harassment include:
- Power Imbalance: It typically involves a power differential between the harasser (often a supervisor or manager) and the victim (an employee or subordinate).
- Unwelcome Advances: The advances, requests, or demands must be unwelcome, meaning the victim did not voluntarily consent or initiate the conduct.
- Tangible Employment Action: Quid pro quo harassment often results in tangible employment actions, such as demotions, terminations, or unfavorable work assignments, when the victim refuses to comply with the harasser's demands.
- File a Complaint: Victims can file a complaint with their employer, who is obligated to investigate and address the issue internally.
- California Civil Rights Department (CRD): Victims can also file a complaint with the CRD, the state agency responsible for enforcing employment laws.
- Legal Action: Victims may choose to pursue a civil lawsuit against their harasser and/or employer, seeking compensation for damages suffered.
- Document the Harassment: Include dates, times, locations, descriptions of what occurred, any witnesses, and any written or electronic evidence such as emails or messages.
- Report the Harassment Internally: Notify your employer's human resources department or a designated authority within the company about the harassment.
- Consult an Attorney: Consider consulting an experienced employment law attorney who specializes in sexual harassment cases. They can provide legal advice, evaluate your situation, and guide you through the legal process.
- File a Complaint with the CRD: You have three years from the date of the harassment to file a complaint with the California Civil Rights Department (CRD).
- CRD Investigation: The CRD will investigate your complaint and may attempt to resolve it through mediation. If mediation is unsuccessful, they will provide you with a right-to-sue notice.
- File a Lawsuit: You have one year from the date of the notice to file a lawsuit against the harasser and/or your employer. Your attorney will help you prepare and file the lawsuit.