Company liability: sexual harassment Quid Pro Quo
The Civil Rights Act of 1964 makes it illegal to discriminate on the basis of race, color, religion, age, national origin, and sex.
Federal law is divided into two categories: Quid Pro Quo and Hostile Environment. This article will focus on Quid Pro Quo.
A type of sexual harassment, Quid Quid pro quo, means this for that. In other words, something is given in exchange for something else.
This category of sexual harassment includes:
- unwanted sexual advances
- requests for sexual favors
- other verbal or physical conduct of a sexual nature.
The caveat here, however, is that this harassment occurs when this conduct is explicitly or implicitly linked to the employee’s employment.
In other words, accepting or rejecting the harassment affects work decisions regarding the employee.
Example:
Quid Pro Quo occurs when a manager or supervisor makes unwelcome sexual advances toward an employee and states or implies that the employee must submit to keep their job or to receive a raise, promotion, or job assignment. This can only happen when the harasser has authority over the employee.
Employers are at great risk, as this type of harassment only needs to happen once. This type of harassment does not have to meet the “unwanted and repeated” requirements of the harsh environment law.
The courts have ruled that even if an employee submits to the lawsuits and receives promotions, raises, etc. there is still a case. In addition, the supervisor can also be held liable.
Court case
In a court case involving 15 women, the CEO of Del Laboratories in Farmingdale, NY, who held the most powerful position in the company, sought sexual favors in exchange for benefits or job opportunities, either by making promises to women to those who harassed or threatened them with unfavorable conditions if they rejected their advances.
The case also contains hostile work environment issues, as well as retaliation.
Grant: $ 1,185,000 in cash aid
For more information on other types of sexual harassmentRead about sexual favoritism or sexual harassment by non-employees.
Protect your business from this type of harassment. Make sure your employees are well trained in harassment and discrimination prevention and awareness.