Quid pro quo sexual harassment occurs when someone in a position of authority makes employment benefits conditional on an employee or job applicant accepting unwanted sexual advances. The Latin phrase means “something for something.”
California law prohibits this conduct. Under the Fair Employment and Housing Act (FEHA), sexual harassment is a form of unlawful employment discrimination. Both employees and job applicants are protected. The law also covers unpaid interns, volunteers and certain independent contractors.
What conduct qualifies as quid pro quo harassment?
Quid pro quo harassment may involve explicit demands or less direct pressure. For example, a manager might suggest that an employee’s continued employment depends on accepting sexual invitations. An employer may also deny a qualified applicant a job after they reject sexual advances during an interview.
Under FEHA, the employee must establish that unwanted sexual advances or other sexual conduct were connected to employment terms or benefits through the alleged harasser’s words or actions. The person responsible must also have been a supervisor or agent of the employer for a traditional quid pro quo claim under California’s jury instructions.
What can victims do about sexual harassment?
If you experience this conduct, you can:
- Document incidents
- Preserve relevant messages
- Report the behavior through appropriate workplace channels
You may also file a complaint with the California Civil Rights Department (CRD). Generally, complaints must be filed within three years of the last alleged act of harassment.
You do not have to resign before pursuing a claim. California law prohibits retaliation against individuals who oppose unlawful harassment or participate in related complaints.
If you are a victim, you may have grounds to pursue compensation for losses resulting from harassment. A legal practitioner can assess the circumstances, explain available remedies and help determine the appropriate legal steps.