Quid pro quo sexual harassment occurs when a person in a position of authority demands sexual favors in exchange for benefits such as promotions, raises, or continued employment. This type of harassment creates a hostile work environment and typically violates workplace policies and laws.
In almost all states, such conduct does not only violate company policies but will often subject an offender to civil litigation or even criminal charges. At its most extreme form, criminal charges may arise where the pressure or demand was so great that the sexual contact was non-consensual and in turn a form of sexual assault.
How Does Quid Pro Quo Sexual Harassment Differ from Sexual Harassment in the Workplace?
Sexual harassment in and of itself does not necessarily entail an exchange of benefits. Rather, sexual harassment, similar to sexual assault, typically just requires a showing of one person subjecting another to unwanted sexual contact.
On the other hand, quid pro quo by definition encompasses a scenario whereby, in theory, both parties stand to gain something after a sexual relationship. However, oftentimes, the power dynamic between the two parties means that the relationship in and itself did not create a truly consensual relationship.
Can You Guess Which of the Following Are Examples of Quid Pro Quo Sexual Harassment?
Case 1
An employer dangles a promotion over an employee’s head, forcing the employee to first socialize with the employer outside the workplace. This socialization leads to sexual advances, whereby the employee ultimately feels as if the only way to gain a promotion is to give into the employer’s wishes. On the other side of the sexual contact, the employee does in fact get promoted.
✔ Yes, this is an all too common form of quid pro quo harassment whereby the employer has now opened himself or herself up to civil liability or an employment-related legal action. If the moment of sexual contact itself was physically forcible in nature, the employer could even face criminal charges in some circumstances.
Case 2
Two employees with the same title enter into a consensual relationship. In a few months, one of the employees is promoted and is now considered to be a supervisor of the other. While this takes place, the prior sexual relationship continues on without any notable change.
✖ No, this is NOT an example of quid pro quo sexual harassment. It would be difficult for the now lower-level employee to claim that the supervisor entered into a quid pro quo relationship. There was no exchange of benefits and no threat or promise to exchange something in consideration of continued intimacy.
Case 3
Say a professor and a student initially enter into a consensual relationship. Naturally, a situation is bound to arise where the professor will ultimately be grading the student’s work. In this circumstance, the professor may begin to condition the student’s grade on the student’s continued sexual compliance and “consent.”
✔ Yes, this is an example of quid pro quo sexual harassment. In this circumstance, each party is benefitting to a degree, however, the sexual contact itself – whether in the form of harassment or physical intimacy – may very well be nonconsensual when the student begins to feel as if he or she must comply in order to pass the class.
Should I Contact a Lawyer Even if I Wasn’t Formally Charged of Sexual Harassment?
Yes. If you are in a supervisor role or simply an individual who holds some sort of control over another in a sexual relationship, it would be prudent to contact a lawyer to protect against all possibilities. Oftentimes, creating a paper trail by documenting past communications, especially those which clearly express a consensual relationship, may be critical later on against civil or criminal charges.
On the other hand, an individual who believes that they are the victim of sexual harassment or sexual quid pro quo should seek to hire a lawyer immediately. A lawyer and a private investigator can take affirmative, early steps to assure that a credible and reliable claim can be made in either the civil realm or a criminal setting. Indeed, hiring a lawyer early on can help with eliciting invaluable admissions from the other party which will play a critical role later on in achieving a successful outcome.
For more information on potential sentencings, common defense strategies, and recent cases, please visit the Quid Pro Quo Sexual Harassment page.