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.