Workplace harassment can take many forms, but some types are often overlooked because they happen quietly or behind closed doors. This article takes a closer look at a specific type of harassment you might face and what protections are available to you.
What is quid pro quo harassment?
The California Civil Rights Department defines quid pro quo harassment as conditioning a job, promotion or other work benefit on submission to sexual advances or conduct based on sex.
What distinguishes quid pro quo from other types of workplace harassment is the fundamental power imbalance. The person making demands must have the authority to affect employment terms, such as a supervisor or any individual with decision-making powers.
Note that unfulfilled threats may not qualify as quid pro quo. However, they still count as harassment. Instead, this may be seen as creating a hostile work environment, which looks at whether the conduct makes your workplace intimidating, hostile or offensive, rather than how it directly affects your job in a measurable way.
What are examples of this in a workplace?
Quid pro quo situations can appear in ways that may not seem obvious, such as:
- A manager offers you a raise or promotion in exchange for going on a date or engaging in sexual activity
- A supervisor threatens poor performance reviews unless you comply with sexual requests
- A department head reassigns you to undesirable shifts after you reject romantic advances
- A superior denies you training opportunities or career development for refusing their requests
Even implied links between your cooperation and workplace benefits may violate the law. For example, if a team leader rewards members who accept social invitations with desirable projects while giving less favorable assignments to those who decline, that may set up an implicit quid pro quo situation.
Can an employer be held liable?
California’s Fair Employment and Housing Act (FEHA) provides strong protections against various types of harassment. FEHA generally covers employers with five or more staff members, offering broader protection than federal Title VII, which applies only to employers with 15 or more employees.
FEHA holds employers responsible for harassment committed by supervisors. This means your employer can be liable even if leadership does not know about the misconduct, since management acts as their agents when exercising authority over you and other employees.
When a violation occurs, employers may face serious consequences. Courts might award uncapped compensatory damages, unlike federal law, which limits damages based on employer size.
Courts may also award punitive damages if the employer acts with malice, oppression, or fraud. However, your employer may avoid some damages if they can prove they would have acted the same way even without the harassment or discrimination.
What legal action can I take?
If you want to take formal action outside your workplace, you may file complaints with government agencies or pursue civil litigation. California workers have access to both state and federal enforcement options.
One option is reporting to the California Civil Rights Department (CRD). They investigate harassment claims and enforce FEHA protections. You must file a claim within three years of the last harmful act. After filing, you can request a “right to sue” notice, which allows you to start a private lawsuit immediately instead of waiting for the agency to finish its investigation.
The U.S. Equal Employment Opportunity Commission (EEOC) handles federal workplace harassment claims under Title VII of the Civil Rights Act. You must file with the EEOC within 300 days of the incident. Similar to the CRD, you can request a “right to sue” letter from this agency as well.
If you decide to pursue a private lawsuit, reaching out to an attorney can help you understand what compensation may be available. Successful claims may allow you to recover lost wages, lost benefits and damages for emotional distress.