Is an employer liable for quid pro quo sexual harassment?

Quid pro quo harassment is a specific form of sexual harassment that occurs wherein the conditions of a worker’s job are directly affected by his or her willingness to engage in sexual activity. For example, if your boss tells you that you will get a promotion if you sleep with him or her, this could be an example of quid pro quo sexual harassment. Whether or not the employer is actually going to be liable for quid pro quo sexual harassment will depend on several factors.

If a “tangible employment action” is taken against the employee as a result of quid pro quo sexual harassment, the employer is liable even if they did not know about the harassment until afterward. However, if a supervisor propositions an employee who refuses the advances and no tangible employment action is taken, the employer may be able to avoid liability if he or she took preventive and corrective action and the victim did not take advantage of a sexual harassment complaint procedure. In other words, if an employer has a written or formal policy in place by which a worker can report sexual harassment, and the worker chooses not to take advantage of these protections, it’s possible the worker can be denied recovery from the employer.

If you are the victim of quid pro quo harassment or are being propositioned at work, you need to review your company’s handbook to find out if there are any complaint procedures. If there are, follow the steps outlined to make a complaint and keep detailed records of everyone you contact to report the harassment. Either way, you may be able to file a sexual harassment claim with the Equal Employment Opportunity Commission (EEOC) and/or file a civil suit to collect damages. You should also contact a lawyer as soon as you can after the sexual harassment occurs in order to make sure your legal rights are fully protected.

Case Studies: Employer Liability for Quid Pro Quo Sexual Harassment

Case Study 1: Lisa’s Experience

Lisa works for a small company and her supervisor has been making unwelcome sexual advances towards her, promising her a promotion in exchange for engaging in a sexual relationship. Feeling uncomfortable and unsure about her rights, Lisa consults with an attorney specializing in workplace harassment.

The attorney guides Lisa through the process of documenting the incidents and advises her on the appropriate steps to take to report the harassment. Insurance considerations may come into play if Lisa experiences emotional distress as a result of the quid pro quo sexual harassment, as she may seek coverage for therapy or counseling services.

Case Study 2: John’s Case

John, an employee at a large corporation, is approached by his manager who suggests that his promotion is contingent upon engaging in sexual acts. Recognizing the inappropriate nature of the request, John promptly reports the incident to the company’s human resources department.

The company takes immediate action by conducting an internal investigation and subsequently terminates the manager involved. In this case, the employer demonstrates a strong commitment to preventing and addressing workplace harassment, potentially reducing their liability.

Insurance considerations may involve reviewing employment practices liability insurance (EPLI) coverage, which can provide financial protection to employers in case of claims related to harassment or discrimination.

Case Study 3: Emma’s Situation

Emma, an intern at a law firm, experiences quid pro quo sexual harassment from a senior attorney who promises her a favorable recommendation in exchange for engaging in a sexual relationship.

Feeling trapped and unsure of her options, Emma seeks legal advice. Her attorney explains the legal remedies available and supports her in reporting the harassment to the firm’s managing partner. The firm takes prompt action, conducts an investigation, and terminates the attorney involved.

Insurance considerations may involve exploring options for legal expense insurance coverage to support Emma’s legal representation in case she decides to pursue a civil lawsuit against the attorney or the firm.