Irvine Quid Pro Quo Harassment Lawyer
Sexual harassment is a form of illegal sex-based discrimination in California. An employer can be held liable if one of its managers or supervisors engaged in sexual harassment against an employee. This includes what is commonly known as quid pro quo harassment.
If a manager has ever demanded a sexual favor from you in exchange for favorable treatment at work, that is against the law and you do not have to stay silent. An experienced Irvine quid pro quo harassment lawyer can represent you in taking legal action against the harasser and your employer. At The Garza Firm, we assist many clients who have been subject to illegal conduct in the workplace to obtain fair compensation and other damages.
How Do You Prove Quid Pro Quo Harassment?
California’s Fair Employment and Housing Act (FEHA) prohibits quid pro quo harassment in the workplace. There are three basic elements involved in such harassment:
- An employee experienced some sort of unwelcome sexual advance, demand for sexual favor, or other sexually related comments.
- These sexual advances, demands, or comments came from a supervisor; this can be the employee’s immediate supervisor or a manager or executive ranked above their supervisor.
- The employee rejected the sexual advance or demand and suffered a tangible negative employment action as a result.
Basically, if you are promised any sort of job-related benefit in exchange for a sexual favor–such as a raise or promotion–that is quid pro quo harassment. Similarly, if you are punished in any way–e.g. fired or assigned to a less desirable shift–in retaliation for rejecting such an advance, that is also harassment. In short, quid pro quo harassment requires some proof of a “trade” of sexual favors in exchange for a tangible job-related benefit.
It is important to note that quid pro quo harassment does require proof that a supervisor follows through on a threat. For example, say a supervisor threatens you with a demotion unless you agree to provide a sexual favor. You say no, but the supervisor does not demote you. Strictly speaking, there is no quid pro quo harassment in this scenario. That said, you might still be able to prove sexual harassment based on the supervisor creating a “hostile work environment.”
Contact The Garza Firm Today
If you have experienced quid pro quo harassment at work, your first response should be to inform someone within your company–typically a human resources representative–about what happened. Even if the company takes no action against the harasser, it is still useful to get it on the record that your employer knows what happened.
You should also consult with a qualified Irvine quid pro quo harassment lawyer who can advise you as to your next steps, which may include filing a formal complaint with the California Department of Fair Employment and Housing to fulfill legal requirements as a precursor to suing your employer for sex discrimination. Contact The Garza Firm today to schedule a free initial consultation with one of our California employment law attorneys.