Indeed, job applicants may also bring a claim in certain situations, such as when a hiring supervisor promises an interviewee a job, but only if the interviewee agrees to their sexual advances. It's important to note, however, that existing employees aren't the only ones who can claim quid pro quo harassment in the workplace. The employer is liable for the harassment under the legal principle of respondeat superior, meaning the alleged harasser had authority over the employer, either as their direct supervisor or the alleged harasser was in a position to influence the terms or conditions of the employee's employment.The employee's reaction to the sexual advances negatively impacted some aspect of their employment, such as compensation or a promotion/demotion.The harassment was sexually motivated by the harasser.The employee was the target of unwelcomed sexual advances from another employee - typically a supervisor - or company officer.The employee must show they are a member of a protected class, which, in this case, simply means that federal law - that is, Title VII - expressly protects the employee and all other employees from workplace discrimination on the basis of sex.And, while every case is different, the elements for proving quid pro quo harassment usually include: How do employees prove quid pro quo harassment?Įmployees must be able to prove certain elements if they wish to hold their employer legally responsible for quid pro quo sexual harassment in the workplace. Not only is quid pro quo sexual harassment prohibited by Title VII, but it can happen to anyone in the workplace, regardless of gender. or to avoid some type of detriment like a pay cut, demotion, poor performance review, etc. In most cases, quid pro quo sexual harassment occurs when a supervisor seeks sexual favors from a worker in return for some type of job benefit - such as a raise, better hours, promotion, etc. In fact, quid pro quo sexual harassment is one of the two types of workplace harassment claims that fall under Title VII of the Civil Rights Act - the other being hostile work environment harassment. Have you ever heard the Latin phrase quid pro quo? It literally means "something for something." And while you can use this particular phrase in a variety of circumstances, when used in the workplace it usually involves allegations of sexual harassment.
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