Key Takeaways

  • Quid pro quo harassment involves conditioning employment benefits on submission to unwelcome sexual advances.
  • It is most often perpetrated by someone in authority, such as a manager or supervisor.
  • Examples include offers of promotions, raises, or job security in exchange for sexual favors, or threats of demotion for refusal.
  • Victims do not need to prove physical contact—threats, propositions, and implied consequences may suffice.
  • Employers are strictly liable when harassment is committed by someone with supervisory authority.
  • Legal remedies may include back pay, emotional damages, reinstatement, and sometimes punitive damages.
  • Claims must typically be filed with the EEOC within 180 days of the incident.

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.

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.

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.

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.

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.

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.

Frequently Asked Questions

  1. What is the legal definition of quid pro quo harassment?
    Quid pro quo harassment occurs when job benefits are conditioned on submission to unwelcome sexual advances or conduct by someone in a position of authority.
  2. Can quid pro quo harassment happen during the hiring process?
    Yes. For example, if a hiring manager implies that a candidate will only be hired if they agree to a date or sexual favor, that qualifies as quid pro quo harassment.
  3. Does the harassment have to be sexual in nature?
    While commonly associated with sexual harassment, quid pro quo can also involve other protected traits like race, religion, or gender identity if job benefits are tied to discriminatory demands.
  4. Is my employer always liable in quid pro quo cases?
    Yes. Employers are usually strictly liable when the harasser is a supervisor or someone with authority over the victim’s employment.
  5. What is the deadline to file a claim with the EEOC?
    In most cases, you must file a claim within 180 days from the date the harassment occurred, although some states may allow a longer period.

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.