What is Quid Pro Quo Sexual Harassment?

“This for That”: Understanding quid pro quo sexual harassment

Quid pro quo sexual harassment is when someone in a position of power over an employee conditions a job decision on submitting to sexual advances or requests for sexual favors.

“Quid pro quo” is Latin for “this for that.” In the employment context, it’s exactly what it sounds like. Usually it means avoiding some negative job action like a demotion, pay cut, or termination. It also commonly includes a promise of promotion or a raise. An increasingly common scenario is an executive or other boss pressuring an employee to send nude photos by text or email in exchange for something related to the job. No matter how the request is made, pressuring employees to submit to sexual advances for anything having to do with their jobs is coercive, unfair, and illegal under both Ohio and federal law.

How do I prove quid pro quo sexual harassment?

The technical legal defition of quid pro quo sexual harassment is making submission to unwelcome sexual advances or requests for sexual favors “either explicitly or implicitly a term or condition of an individual’s employment,” or using the employee’s submission or rejection “as the basis for employment decisions….” 29 C.F.R. § 1604.11(a). Unlike another form of sexual harassment commonly called “hostile environment” harassment, quid pro quo sexual harassment hinges on a power imbalance between the harasser and employee–that is, the harasser’s actual or perceived ability to affect the employee’s job, and the explicit or implicit threats accompanying that power.

Title VII of the Civil Rights Act of 1964 is the federal employment law banning sexual harassment. To pursue a quid pro quo claim, you need to show that the sexual conduct was unwelcome, that there was a negative employment action, and that there is a connection between your refusal to comply and the negative employment action:

• The sexual conduct was unwelcome. Employees need not use magic words to let the harasser know the conduct is unwelcome, but they should make that known. It’s important to note that although genuinely consensual relationships do not qualify as “quid pro quo” harassment, an employee has the right to end the relationship without being harassed once it ends. In other words, even an employee who used to be in a consensual relationship with a supervisor may have a quid pro quo claim if the supervisor won’t take no for an answer.
• There was a negative employment action. There was a job-related consequence for not complying with the request for sexual favors. The most common examples of quid pro quo sexual harassment include being denied a promotion, being demoted, or getting fired because the employee refused a supervisor’s sexual advances.
• Connection between your refusal and the employment action. That means your refusal motivated the employer’s decision to take a negative employment action. This is where detailed chronology of the facts may become very important.

What are my remedies for sexual harassment under federal law?

If you’re successful in your claim, Title VII offers several remedies, including compensatory and punitive damages, lost wages and benefits, and reinstatement. You may also have the opportunity to recoup legal fees, even if you hired a lawyer on contingency—as is common in these cases—meaning you didn’t pay the lawyer out of pocket.

Ohio law bans quid pro quo sexual harassment

Ohio has its own laws that cover sexual harassment in the workplace. Under Chapter 4112 of the Ohio Revised Code, it’s illegal for employers to discriminate based on sex. Like federal law, that includes quid pro quo harassment. One important difference is that Ohio law applies to businesses with as few as 4 employees, compared to the federal law threshold of 15 employees.

Is it sexual harassment to ask a co-worker on a date?

Not necessarily. If someone asks a co-worker over whom they have no job authority on a date, that by itself would not be sexual harassment. If the co-worker declines, continuing to ask or romantically pursue the co-worker could become unlawful harassment if it is unwelcome. The analysis is different when a supervisor, manager, or other person in a position of power asks a subordinate employee on a date. In that situation, it is not uncommon for the employee being asked to feel pressured to accept out of concern for their job. When an employee with authority even implies or suggests that saying yes or no will impact the subordinate employee’s job, that crosses the line.

What do I do if my boss asks me out?

If you’re dealing with quid pro quo sexual harassment at work, it’s easy to feel overwhelmed or unsure of where to start. Here are a few tips:

• Document everything. Start keeping a record of the sexual harassment as soon as possible. Write down dates, times, places, people, and details of what happened. If there are witnesses or relevant emails, texts, or other documents make copies of those items. This documentation may be crucial if you decide to file a claim. Take care to preserve all relevant emails, texts, photos, videos, or other materials that may be helpful.
• Follow internal policies. Most workplaces have harassment reporting policies in place. Report the harassment to HR, to someone else in management, or to ownership. This not only gives your employer a chance to address the issue, but also shows that you acted in good faith before filing a charge or a claim. If you have an HR department or representative, that is the best place to start. Document your attempts to report in writing when possible.
• Don’t miss deadlines. Both Ohio and federal law have strict time limits for bringing sexual harassment claims. It’s critical to act within the required time limits because missing a deadline can prevent you from pursuing your claim.
• Talk to an attorney. Pursuing a quid pro quo harassment claim isn’t something you should do alone. A sexual harassment lawyer at Bolek Besser Glesius can help you weigh your options, understand the strengths and weaknesses of your case, and fight for the outcome you deserve. Time matters, and the sooner you seek guidance, the better positioned you’ll be to protect yourself.

No employee should be pressured to trade their dignity, privacy, or bodily autonomy for their rights in the workplace. Sexual harassment laws exist to ensure employees aren’t put to that unfair and illegal choice. If you are facing quid pro quo sexual harassment at work talk to one of the sexual harassment attorneys near you at Bolek Besser Glesius for a confidential consultation. We are here to help you take the first step toward standing up for your rights and holding people accountable.