When a supervisor or person of authority in the workplace requests sexual favors in exchange for job benefits or threatens negative job consequences if their advances are rejected, it may constitute quid pro quo harassment. Better hours, raises, promotions, and career opportunities should be earned based on performance, not tied to inappropriate demands or sexual favors.

Learn what quid pro quo harassment is, real-world workplace examples, and the legal steps you can take if you’re experiencing this behavior at work.

What Is Quid Pro Quo Harassment?

Quid pro quo harassment is a form of workplace sexual harassment prohibited under the Fair Employment and Housing Act (FEHA) and federal law. The term “quid pro quo” means “this for that,” and in the workplace refers to situations where a supervisor, manager, or person of authority requests sexual favors in exchange for job benefits or opportunities. 

This harassment can occur when the person of authority demands sexual favors from the employee in exchange for job benefits, such as a promotion, raise, or better hours. It can also involve threats, such as termination, demotion, or poor performance reviews, if the employee refuses the advances. When this happens, employees often feel pressured to comply for fear of retaliation or damage to their careers. 

To constitute quid pro quo sexual harassment, the incident must involve a power imbalance between the employee and someone who has influence over their job, pay, schedule, or workplace conditions. The event may occur during performance reviews, scheduling discussions, business trips, work events, or everyday interactions. Even a single incident is enough to support a legal claim if employment benefits or consequences were connected to the inappropriate behavior. 

Real Examples

Quid pro quo harassment involves a manager, supervisor, or someone with power in the workplace demanding sexual favors in exchange for perks or threatening negative consequences if they’re refused. Common examples include:

• A manager offers an employee a promotion if the employee goes on a date with them.
• A supervisor threatens to fire or demote an employee if they reject sexual advances.
• Managers promise better shifts or hours in exchange for sexual favors.
• A person of power hints to an employee that their promotion depends on them playing along with inappropriate behavior.
• An employer demands sexual acts for an employee to keep their position.
• A supervisor gives favorable treatment to employees who engage in sexual behavior.
• A person of authority repeatedly makes inappropriate requests after an employee shows discomfort or says no.

Quid pro quo harassment doesn’t have to involve a written demand or explicit threat. Even implied promises, pressure, or retaliation that’s tied to sexual advances can qualify as unlawful harassment under California law.

Legal Implications

Even if upper management is unaware of the situation, employers can still be held liable for quid pro quo harassment committed by supervisors or people with authority over their employees. If an employee brings a harassment claim, employers are required to take it seriously, promptly investigate the allegations, and take corrective action to prevent the misconduct from continuing. If they fail to do so, they may face serious legal consequences, including lawsuits, financial penalties, and liability for damages.

Employees can pursue a harassment claim even if the threat was never actually carried out. Any incident of a supervisor demanding sexual favors, making inappropriate requests, or threatening negative consequences in exchange for compliance can qualify as unlawful harassment under FEHA.

In addition to employer liability, harassers can be held personally liable for their behavior. Victims of quid pro quo harassment can recover lost wages, benefits, and compensation for their emotional distress. Employees may also be able to recover punitive damages and attorney’s fees if their employer acted knowingly, recklessly, or failed to take the appropriate action after learning about the incident. 

How To Take Action

If your supervisor or employer engaged in quid pro quo sexual harassment, you can take legal action to protect your career and rights. Take these actions to begin building your case:

• Create a timeline of the events by documenting every incident with clear dates, times, locations, and witnesses.
• Save emails, texts, voicemails, and any other written communication from the supervisor to show a pattern of inappropriate behavior.
• If your work duties, schedule, or salary were changed after rejecting the advance, keep records of those changes as well.
• After gathering evidence, report the incident through your company’s internal procedures.

California law requires employers to perform a thorough investigation and take corrective action to stop the harassment and protect their employees. If your complaint is ignored or the harassment continues, you can then involve state authorities and pursue legal action. 

Quid pro quo harassment complaints must be filed with the California Civil Rights Department (CRD) within three years of the last act. Before filing a lawsuit, you’ll need to obtain a Right-to-Sue notice from the CRD. After receiving your claim, they’ll investigate the claim or grant you the notice to pursue it in court. If they issue a Right-to-Sue notice, you have one year to file a lawsuit with the California Superior Court and seek compensation.

An experienced employment attorney at The Law Offices of Jacob Emrani can help you navigate the legal process and protect your rights throughout your case. Sexual harassment lawyers assist with gathering evidence, communicating with your employer, filing claims with the CRD, and representing you in court. With a skilled attorney by your side, you can fight to recover the maximum compensation for lost wages, benefits, emotional distress, punitive damage, and other losses.

Contact the Law Offices of Jacob Emrani Today

Quid pro quo harassment can be an extremely stressful and overwhelming experience. If your employer ignored your complaint, allowed the harassment to continue, or even retaliated against you, our team of skilled workplace harassment lawyers can review your case, explain your legal options, and help you fight for the compensation you deserve. We’ll help gather evidence, guide you through the legal process, and protect your rights every step of the way.

If you’re dealing with sexual harassment from a supervisor or manager, contact The Law Offices of Jacob Emrani to schedule a no-cost case evaluation today.