Newport Beach Quid Pro Quo Harassment Lawyer
Did your boss suggest that your chances of receiving a raise are better if you take him or her up on a request for sex? Did your manager hint that you won’t be laid off if you go out on a date with him? If so, you could have a valid claim of quid pro quo harassment. The Newport Beach quid pro quo harassment lawyers at The Garza Firm have over 60 years of combined experience helping employees take on abusive and dishonest employers throughout Los Angeles and Orange County.
What Is Quid Pro Quo Harassment?
The Equal Employment Opportunity Commission defines quid pro quo harassment as “submission to or rejection of unwelcome sexual conduct by an individual” when used as the basis for employment decisions. Literally, quid pro quo translates to “what for what” in Latin, essentially meaning a “favor for a favor.” As such, quid pro quo harassment occurs when an employer, boss, manager, or other person of authority offers or hints at a bonus, raise, or other employment advancement in exchange for a sexual favor. Quid pro quo also applies to adverse employment decisions, such as an employer saying or hinting that they will not fire an employee if he/she performs a sexual favor. Quid pro quo harassment has occurred whether an employee refuses or performs said sexual favor.
Third-Party Quid Pro Quo Harassment
If a manager gives promotions or bonuses to Employee A in exchange for sexual favors, Employee B (who was not part of the quid pro quo arrangement) can file a quid pro quo claim against the employer for sexual favoritism. As such, it is not essential to the claim/lawsuit that the employer never approached Employee B for a sexual favor in exchange for the promotion or bonus.
Are Threats That Are Never Carried Through Quid Pro Quo Harassment?
If a manager threatens to fire an employee if she refuses to accept his request for sex, for example, and the employee refuses but the manager never carries out the threat by firing her, it is unlikely that she will be able to prove that quid pro quo harassment took place. The threat typically has to be made good upon. However, in this scenario the employee might be able to file a claim for a hostile work environment. The compensation that an employee can recover in both types of these sexual harassment claims is the same. As such, either a quid pro quo or hostile work environment claim is worthy to pursue if you have been sexually harassed by your employer, manager, or another co-worker.
Call a Newport Beach Quid Pro Quo Harassment Lawyer Today
Quid pro quo harassment only occurs when an employee suffers an adverse employment action, such as missing out on a bonus or being fired. In other, similar sexual favor exchanges, in which an employee or applicant did not lose out on an employment opportunity, they may still have the opportunity to file a hostile work environment claim against their employer. The Newport Beach quid pro quo harassment attorneys at The Garza Firm can help determine which claim best applies to you. Call 949-570-8350 to schedule a free case evaluation today.