Dealing with quid pro quo harassment

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Posted by Legal Team On October 2, 2016

Sexual harassment at the workplace is a major problem faced by some employees. It becomes even more complicated if a superior is the harasser. Quid pro quo harassment is the act of offering something to an employee in return for a sexual demand. The thing offered could be a promotion, raise or any other thing that the person might desire. In most cases, quid pro quo harassment involves a person with authority trying to harass a subordinate. Hiring someone based on sexual advances is also considered quid pro quo harassment.

If you have faced this type of harassment in the workplace, you may wish to file a complaint against the harasser. There are certain elements that you must prove when bringing forward such a claim. The employee must be applying for the job or working at the company already. The defendant must have made unwanted sexual advances towards the plaintiff, offering some benefits in return for sexual favors. Further, the plaintiff must also prove that the defendant was working for the same organization when the sexual advances took place. Finally, the plaintiff must also establish that these advances caused harm physically or mentally.

Sometimes the court wants proof that rejecting the unwanted sexual advances resulted in adverse working conditions and retaliation towards you. The employee may file a complaint even if they accepted the unwanted sexual advances. The plaintiff might be able to get compensated for any lost wages, benefits or emotional stress that they were put under due to the situation. The court may also award further punitive damages to the plaintiff, though it is not common.

If you feel that you are experiencing quid pro quo harassment at the workplace, it is advisable to contact an attorney as soon as possible. The attorney will clarify all your options and help you file a complaint.