Key Takeaways

  • Quid pro quo harassment occurs when workplace benefits or opportunities are conditioned on submission to unwelcome sexual advances.
  • This conduct violates Title VII of the Civil Rights Act and state anti-discrimination laws, regardless of whether the victim ultimately submits.
  • Supervisors and managers acting in this way create automatic employer liability under federal law.
  • Victims can recover back pay, emotional-distress damages, reinstatement, and—when the employer acted with malice—punitive damages.
  • Employers can reduce exposure by establishing clear anti-harassment policies, prompt investigations, and training programs.
  • Reporting to HR or the EEOC within statutory time limits (usually 180 days) preserves legal rights.

What Is Quid Pro Quo Harassment?

Quid pro quo harassment is a type of workplace harassment where one favor is exchanged for another. This harassment occurs when someone with authority uses his or her power over others to gain sexual favors or other benefits or makes hints towards such a deal. Here are some examples of offers these authority figures give in exchange for a favor:

  • Employees will be rewarded with a raise or promotion.
  • Employees won't be fired or reprimanded.
  • Job candidates will be hired.

Quid pro quo harassment is viewed in some cases as employers or managers abusing their power. It is prohibited as a form of sex discrimination, a violation of labor or tort law, and as a matter of criminal law.

Legal Definition Under Federal and State Law

Under Title VII of the Civil Rights Act of 1964, quid pro quo harassment is a form of unlawful sex discrimination. It occurs when an individual in a position of authority demands or suggests sexual favors in exchange for employment benefits such as hiring, promotion, or favorable assignments. Even one incident can violate the law if it results in a tangible employment action, such as demotion or termination.

State laws often mirror or expand federal protections. For example, California’s Fair Employment and Housing Act (FEHA) and New York’s Human Rights Law apply the same standard but may cover smaller employers and protect against retaliation even when the conduct stops short of tangible job loss.

Courts distinguish quid pro quo harassment from hostile work environment harassment: the former links job benefits to sexual conduct, while the latter involves pervasive or severe unwelcome behavior that interferes with work performance.

Common Quid Pro Quo Harassment Examples

Quid pro quo harassment often arises in scenarios where authority is misused to solicit sexual favors. These situations can be overt or subtle, but they all share a common element: employment-related consequences are tied to the acceptance or refusal of the request. Here are some real-world quid pro quo harassment examples:

  • A manager tells a subordinate, “If you go out with me, I’ll put in a good word for your promotion.”
  • A supervisor implies that refusing sexual advances will lead to being assigned less desirable shifts or duties.
  • A hiring manager offers a job to a candidate on the condition that they accompany them on a personal vacation.
  • A department head threatens to terminate an employee who declines repeated invitations to intimate dinners.
  • An executive promises to waive performance reviews or disciplinary actions if the employee engages in a sexual relationship.

These examples illustrate that quid pro quo harassment does not require a physical act—it is the power dynamic and conditional exchange that constitute the violation.

Subtle and Non-Traditional Examples

Quid pro quo harassment is not always explicit. Subtle pressure, veiled threats, or implied promises can satisfy the legal test if an employee reasonably believes compliance affects their career. Examples include:

  • A manager “suggests” attending a late-night business dinner that turns personal, implying it will help the employee’s promotion chances.
  • A supervisor gives preferential scheduling or bonuses only to employees who tolerate inappropriate touching or jokes.
  • An executive conditions mentoring or project assignments on personal closeness or private meetings.
  • A hiring decision is influenced by a candidate’s perceived willingness to flirt or maintain a personal relationship.

Even when the exchange is implied rather than stated, the power imbalance and employment dependency can make such conduct coercive and unlawful.

Elements of a Quid Pro Quo Harassment Claim

When submitting a harassment claim, there are typically three main parties involved:

  1. The plaintiff (i.e. the employee or job applicant who felt that sexual favors were expected of him or her)
  2. The defendant (the company involved in the claim)
  3. The individual alleged to have harassed the plaintiff

The elements of a quid pro quo harassment case can be summarized as follows:

  • Either benefits (progression, salary increases, etc.) were implied if the plaintiff was to accept the sexual requests, or the plaintiff was told that there would be negative consequences if they were to reject.
  • The time when alleged incident(s) were said to have taken place, person reported to have committed the offense was working for the company in question.
  • The reported conduct and the actions of the harasser caused harm to the defendant.

In a real-life scenario, when quid pro quo harassment claims are brought forward in court, the courts search for evidence that the reported harassment would have led to a major incident that affected the plaintiff's career. For example, the plaintiff was overlooked for a project or career progression opportunity as a result of refusing to submit to requests.

Plaintiffs are still entitled to file claims, even if they eventually submitted to the requests of the harasser. Once a claimant forms their sexual harassment case and confirms that the case meets the applicable legal standards, then the defendant (the employer) typically has to prove that the harassment either did not occur at all, or that it occurred for reasons that were non-discriminatory.

Employer Liability and Defenses

Employers are strictly liable for quid pro quo harassment committed by supervisors or managers with authority over the victim. The law presumes that the supervisor acts as the employer’s agent.

However, an employer may reduce liability if it can show that:

  1. The supervisor’s actions did not lead to a tangible job detriment; and
  2. The employer exercised reasonable care to prevent and correct harassment (e.g., policies, training, reporting mechanisms); and
  3. The employee unreasonably failed to take advantage of those preventive measures.

This defense, recognized in Faragher v. City of Boca Raton and Burlington Industries v. Ellerth, does not apply when a tangible employment action occurred—such as firing, demotion, or loss of pay.

Employers are also prohibited from retaliating against employees who report or assist in investigations of quid pro quo harassment.

Legal Remedies

During the case, plaintiffs involved may recover compensatory damages such as lost benefits and wages, lost employment opportunities, and factors such as emotional upset and distress. In some cases, they can reclaim their job.

In especially bad quid pro quo harassment cases, punitive damages may also be given as a means to discourage the defendant from allowing, or engaging in, any sexual harassment in future. However, it is not common for punitive damages to be awarded, and they are only given if the claimant is able to establish that his or her employer acted with reckless indifference to their rights, or with malice.

If an employee wishes to take a quid pro quo harassment case to the courtroom, they generally must submit a complaint to a federal and/or state labor protection agency beforehand. The claimant will have 6 months (or 180 days) to file a complaint with the EEOC.

Federal and State Enforcement Process

Victims must first file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) or a comparable state agency before suing. The typical deadline is 180 days, extended to 300 days in states with parallel laws.

After the EEOC investigates, it may attempt conciliation, issue a Right-to-Sue Letter, or bring a case on the victim’s behalf. Remedies may include:

  • Back pay and restoration of lost benefits.
  • Front pay or reinstatement.
  • Compensatory damages for emotional distress.
  • Punitive damages for malicious or reckless indifference.
  • Attorneys’ fees and costs.

Under state law, claimants may also recover interest and equitable relief such as policy changes or mandated training for managers.

Remedies and Consequences of a Quid Pro Quo Case

The employer is usually held strictly liable in quid pro quo sexual harassment cases because those individuals who commit quid pro quo harassment offenses (managers, supervisors, and agents) are seen to be acting on behalf of the company that employs them.

As stated earlier, the remedies for quid pro quo sexual harassment victims may include the recovery of compensatory damages. Across the globe, a criminal fine or a prison term may be an additional result of a successful quid pro quo harassment prosecution.

Employer Prevention and Compliance Strategies

Organizations can mitigate the risk of quid pro quo harassment claims through:

  1. Clear written policies prohibiting all forms of sexual harassment.
  2. Regular training for employees and supervisors emphasizing consent, reporting channels, and confidentiality.
  3. Multiple reporting options, allowing employees to bypass the chain of command if the harasser is their superior.
  4. Prompt, impartial investigations of all complaints.
  5. Zero-retaliation enforcement ensuring complainants are protected.

Proactive measures not only reduce liability but also build a workplace culture of respect and compliance.

Other Forms of Quid Pro Quo Harassment

Most people believe that quid pro quo only relates to sexual harassment, but in fact it can cross over into other forms of harassment. If a trade is an exchange that involves factors such as sex, gender identity and expression, national origin, race, creed, religion, sexual orientation, age, political affiliation, veteran status, genetic information or a disability then it is intolerable.

How to Respond to Quid Pro Quo Harassment

If you believe you’ve been subjected to quid pro quo harassment, it is critical to document the incidents and act promptly. Follow these steps:

  1. Document everything – Keep records of conversations, emails, or messages related to the harassment.
  2. Report internally – Use your employer’s HR department or harassment reporting system.
  3. File a complaint – If internal remedies fail or retaliation occurs, file a complaint with the EEOC or your state’s equivalent agency.
  4. Seek legal counsel – An attorney can help you assess your case and guide you through the process.

Quid pro quo harassment is a serious legal issue, and failure to report can lead to continued abuse or escalation. You can post your legal need on UpCounsel to connect with experienced attorneys who handle these types of cases.

Documentation and Evidence Tips

When facing quid pro quo harassment, documentation is crucial. Victims should:

  • Save emails, text messages, or chat logs referencing the inappropriate conduct or employment threats.
  • Keep notes of each incident, including dates, times, witnesses, and outcomes.
  • Retain performance evaluations or schedule changes that coincide with refusal or submission to advances.
  • Preserve complaint records submitted to HR or external agencies.

Strong documentation supports credibility during EEOC investigations and litigation. Victims should also seek legal advice early—experienced employment attorneys can help determine whether the facts meet the quid pro quo harassment standard and pursue remedies effectively.

Frequently Asked Questions

  1. Is quid pro quo harassment always sexual in nature?
    No. Although most cases involve sexual favors, quid pro quo can include other exchanges where job benefits are conditioned on any discriminatory conduct tied to a protected trait, such as race or religion.
  2. Can a single incident qualify as quid pro quo harassment?
    Yes. One clear demand or threat linking sexual favors to job action—such as “sleep with me or you’re fired”—is sufficient under federal law.
  3. What if I gave in to the harassment to keep my job?
    Submission does not waive your rights. Courts recognize that power imbalance and fear of retaliation can compel compliance.
  4. Who can be held liable for quid pro quo harassment?
    The employer and the individual harasser may both be liable. Employers are vicariously liable for supervisors acting within their authority.
  5. How long do I have to file a complaint?
    You generally have 180 days to file with the EEOC, extended to 300 days if a state agency enforces a similar law. Acting quickly helps preserve evidence and remedies.

If you have an existing or potential sexual harassment case unfolding in your workplace, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.