Sexual Harassment: Explaining Quid Pro Quo

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One kind of sexual harassment occurs when the employer subjects the employee to unwanted sexual communication or behavior, creating a hostile workplace. To learn more about hostile workplace, read our publication “Sexual Harassment: Defining A Hostile Work Environment.”  But that isn’t the only form of sexual harassment. Sometimes an employer simply makes it clear that an employee can’t be hired or raised or promoted unless they are willing to engage in sexual communication or behavior. This is called “quid pro quo” harassment, and it’s just as illegal as hostile work environment.

Quid Pro Quo

“Quid pro quo” is a Latin phrase that means “give something to get something.” It means your employer is telling you that if you want to get hired, or keep your job and benefits, or get a raise or a promotion, then you need to engage in sexual communication or behavior.  Quid pro quo is illegal, even if you agree to it.

Know Your Rights

The law says that the employer can’t make sexual communication or behavior a condition of your employment.  If this happens to you, you should make a complaint to your employer’s designated equal employment opportunities officer. If your employer doesn’t take action to correct the situation, you should consider talking to a lawyer.  Even if you have agreed to engage in sexual communication or conduct and received a benefit, you may still be able to make a claim for money damages against your employer and seek an order from a court that will force the employer to stop mistreating you.

Examples of Quid Pro Quo

Suppose your boss tells you that he’ll let you work the day shift if you tell him what kind of underwear you have on. That’s quid pro quo sexual harassment.  What if your boss says you can have company health insurance, but you need to give him a back rub. That’s quid pro quo sexual harassment.  How about if your boss tells you that he’ll give you a better office and a raise if you agree to date his biggest client? That’s quid pro quo sexual harassment. If your boss is raising sexual topics with you and you feel uncomfortable, it is probably illegal.

Take Legal Action

If you have followed your company’s policies but quid pro quo harassment continues, you can consider taking action to put a stop to the mistreatment . Pursuing a legal case holds your employer accountable, protects other employees at your job and allows you to obtain monetary compensation for the turmoil you have suffered. Lawyers who specialize in handling sexual harassment cases can represent and advocate for you, while protecting you from retaliation and job loss. Relying on an experienced attorney can give you peace of mind, confidence and support during this time of stress.

Get Compensation

A person who proves they are the victim of gender discrimination can get various kinds of compensation in court.  They can get lost past and future wages, they can get compensation for emotional pain and suffering, and if they can prove the employer’s actions were willful they can get punitive damages.  They can also get their attorneys fees.

10 things to ask your lawyer in a case review

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Do you need an attorney? Whether you were involved in a catastrophic car collision, have been discriminated against at work, or suffered an injury as a result of someone else’s negligence, below are some questions you should ask your potential lawyer.

1. Have you handled this type of case before?

It is important for you to hire an attorney who is experienced in handling your type of case. While each case is unique, experience handling similar matters helps.

2. What is the best method for contacting you?

Clients must be able to get in touch with their lawyers and receive updates on their cases. Therefore, it is imperative that you know how to reach your lawyer. Equally important is the lawyer’s responsiveness in responding to inquiries from clients.

3. Who will be handling my case?

Clients should be aware of whether one individual will be handling their case or if there will be a team of people working on their matter. Each firm has a different method for handling matters and client contact so it is important for you to understand with whom you will be communicating.

4. To whom may I speak with about my case?

Your lawyer can guide you regarding who should know about the details about your case. Statements about your case to non-parties, whether they be in person, on the phone, in an email, or on social media, may be discoverable. It is important to listen to your lawyer and heed their advice.

5.       What are your fees?

Clients must understand the legal fee arrangement at the outset of the representation. You should ask your lawyers to clarify any questions you may have prior to the start of the representation.

6. Are there other fees for which I will be held responsible?

Clients should understand the fees/costs for which they will be responsible. Many cases require expert witnesses in addition to court filing fees and deposition expenses. You should understand who will be responsible for making these payments.

7. What steps do I need to take after the retainer agreement has been signed?

Each case is unique and clients should determine what their obligations are with respect to their case. It is important to get direction from the outset.

8. What steps can I take to minimize costs?

As a client, anything which minimizes costs benefits you. Your lawyer may have suggestions on how to minimize costs in your particular case.

9. What decisions require my approval?

The litigation process may require some procedural decisions which the attorneys may handle, but substantive decisions will require your approval. The client has the right to be apprised of decisions regarding their case.

10. What is the expected time table for my case?

This will depend on a variety of factors but you should understand that litigation is a lengthy process. An open line of communication with your attorney is important so that you can obtain case updates throughout the process.

What steps to take immediately after a car accident injury

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Have you been injured in a car accident? Whether you were involved in a fender bender or a catastrophic car collision, below are several steps that you should take after any accident.

Contact the police immediately

If you have been involved in a car accident, you should move your car out of the way of moving traffic, if you are able to do so. Then you should be to contact the police immediately. Once the police arrive, they will speak to the individuals involved in the accident and any witnesses. If a report is prepared, you should determine how to obtain a copy.

If you have been injured, seek medical treatment right away

park-ave-crash-2-150x150To the extent that there have been any injuries, seek immediate medical attention. It is important to have your condition assessed right away if you have been injured. Many times, you may not know the severity of your injuries right after the accident so it is imperative to receive appropriate medical care. Safety should always be your number one priority.

Exchange of information

It is also important for you to take down the name, address, and telephone number of the other individual(s) involved in the accident along with the make, model and license plate number of the other car(s). If they have insurance, you should obtain the name of their carrier as well. If possible, you should also obtain the name and contact information for any witnesses to the accident. If you are able to take photos of the accident scene and the other cars, you should do so.

Obtain representation

After a car accident, there are a variety of deadlines which must be kept in mind. Insurance carriers must be notified in a timely manner, a no-fault application must be completed, and notice of claim and complaint may need to be filed. It is essential that no deadlines are missed. If you have been injured in an accident, you should seek legal representation as soon as possible to ensure that appropriate steps are taken to preserve your rights.

How someone else might be liable for your personal injury

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Have you been injured? If you were involved in a slip and fall accident, someone else may be liable to you for your injuries.

Slip and fall accidents

Countless individuals are injured each year in slip and fall accidents. You may have slipped on an uneven surface, an icy sidewalk, a wet walkway, or defect stairs. Slip and fall accidents can occur anywhere – at a department store, the mall, a restaurant, the airport, or at someone’s home. If the owner of the property where you injured yourself knew about the condition or should have known about the condition and did nothing to correct it, they may be liable to you for your injuries.

Determining liability

In order for a property owner to be held liable for injuries which occur as a result of a slip and fall on their property, it must be proven that the owner:

  1. Created the dangerous condition;
  2. Had actual knowledge of the condition and failed to correct it; or
  3. Should have known about the condition and failed to take steps to correct it or warn others about the dangerous or hazardous condition.

Factors to consider in the analysis include how long the dangerous condition existed, whether the owner took reasonable steps to discover dangerous and/or hazardous conditions on their property, whether the individual who was injured contributed to the cause of the accident through their own negligence. These factors and others will help determine liability in a slip and fall accident.

Damages

If the owner of the property is liable to you, the amount of your damages will need to be calculated. Damages may include loss of earnings, out of pocket medical expenses and pain and suffering. In some instances, the owner and/or his insurance carrier may be willing to offer money to settle a claim, but in other instances, a jury will determine the amount of damages following a trial. Either way, while nobody can turn back time and prevent the injuries to you, a skilled attorney can help get you compensation for the injury you have suffered.