Understanding quid pro quo harassment

The power dynamic: Understanding quid pro quo harassment

What makes quid pro quo harassment different from other forms of workplace sexual misconduct? The simple answer: The power imbalance.

The Latin phrase quid pro quo translates to “something for something” or “this for that.” In an employment setting, the term gets used to describe cases where a supervisor or other person in a position of authority seeks sexual favors from an employee in return for job favors.

Because of the unequal roles, victims feel incredibly vulnerable. They know the harasser can follow through, such as issuing a demotion after rejected sexual advances. Career concerns abound.

Quid pro quo harassment is not only unethical but also illegal. Let’s examine its actions and negative consequences.

Understanding quid pro quo sexual harassment

Outright orders, suggestive comments, veiled threats . . . quid pro quo harassment cases take many forms. A person in a position of power abuses their role. Specifically, they make sexual demands in exchange for something the victim wants.

For instance, the victim may want job security. Perhaps they desire a financial gain, higher rank, or a choice assignment. Moreover, they might want the person in power to overlook a mistake or poor performance.

What might an offender say or do? Consider these examples of quid pro quo sexual harassment:

• “Let’s discuss how you can further your career over drinks at my place.”
  
  
• “Close the door. I’m sure we can come up with some interesting ways to ensure you get a raise.”
  
  
• Putting an arm around someone’s waist and saying, “Budget cuts are coming. I’d hate to see your position eliminated.”
  
  
• Sending a text message, “Show me how badly you want that promotion.”
  
  
• “I’m considering you and someone else to lead the Anderson project. Stay late with me tonight after the rest of the staff has left, and I’ll tell you exactly what you can do to make up my mind.”
  
  
• “Your performance review scores should put you on probation. Show me your other skills, and I’ll re-evaluate the numbers.”

Sometimes, the instigator in a job-related quid pro quo case is an existing or potential client. The person may suggest sexual activity as a way of keeping or landing business.

A hiring manager or other interviewer who sexually barters with job applicants is also guilty of quid pro quo harassment. Asking for sexual favors in return for a job offer or failing to hire someone who rejects advances is a one-way ticket to trouble.

And then there are instances where a manager and a direct report have a romantic, consensual relationship . . . until they don’t. Situations exist where the boss threatens termination or other negative consequences if the other person breaks things off.

Legal protections against quid pro quo harassment

A variety of federal laws and state laws exist to protect people in the workplace, including Title VII of the Civil Rights Act of 1964 (and its amended form). Under Title VII, two main forms of sexual harassment claims exist – quid pro quo harassment and hostile work environment.

According to U.S. Equal Employment Opportunity Commission (EEOC) guidelines, quid pro quo harassment happens when “submission to or rejection of [unwelcome sexual] conduct by an individual is used as the basis for employment decisions affecting such individual.”

The other type, hostile environment, is when “unwelcome sexual conduct ‘unreasonably interfer[es] with an individual’s job performance’ or creates an ‘intimidating, hostile or offensive working environment.'”

Employers should especially note the following from the EEOC guidelines regarding sexual favoritism in the workplace adversely affecting the employment opportunities of third parties:

“Where employment opportunities or benefits are granted because of an individual’s submission to the employer’s sexual advances or requests for sexual favors, the employer may be held liable for unlawful sex discrimination against other persons who were qualified for but were denied that employment opportunity or benefit.”

Employers seeking further information should consult the EEOC’s Enforcement Guidance on Harassment in the Workplace, especially Section III: Harassment Resulting in Discrimination with Respect to a Term, Condition, or Privilege of Employment.

Preventing quid pro quo harassment in the workplace

No company wants quid pro quo harassment to happen. Such behavior reflects poorly on the organization, risks good employees leaving, and opens up a legal can of worms.

In many cases, a business may have a bad apple – an individual authority figure who abuses a position by seeking sexual favors in return for employment benefits. However, employers should not feel helpless in preventing quid pro quo sexual harassment claims.

Effective measures include:

• Develop strong, clear policies

Show zero tolerance for workplace sexual harassment. Let everyone know that unwanted sexual advances are unacceptable and subject to punishment, including potential dismissal. Make policy enforcement consistent, thorough, and timely.

Provide detailed instructions on filing harassment complaints to encourage victims to come forward. Ensure confidentiality and outline how the investigation process unfolds. Vow swift action if an alleged harasser tries to retaliate.

Consider, too, putting your company’s stance on dating into writing. Some employers discourage or even prohibit supervisors and their direct charges from forming intimate relationships.

• Train

Sexual harassment should be covered during the onboarding process for every employee, and continuing education on the subject should be part of ongoing professional development. Specific training for leaders on topics such as misuse of power, misinterpretation of actions, and respecting personal boundaries should also be conducted.

• Create a respectful environment

Develop a psychologically safe workplace where people treat each other well regardless of gender, race, or other factors. Eliminate offensive jokes, “boys’ club” attitudes, stereotypical remarks, and the like. Company culture thrives in an atmosphere where team members trust one another and feel a sense of belonging.

Dealing with quid pro quo harassment as a victim

How often do quid pro quo harassment complaints happen? More often than one would think.

According to research by the ILR Worker Institute at Cornell University, 10.9 percent of New York residents report having experienced quid pro quo sexual harassment at some point in their careers. This percentage translates into roughly 1.7 million people in that state alone.

Females outnumbered males (12.2 percent vs. 9.5 percent). Likewise, rates were higher for people of color and Hispanic origin than for non-Hispanic whites (13.9 percent vs. 8.5 percent).

What might someone who goes through this type of sexual harassment do?

Possibilities include:

• Document everything

Write down what happened. Include conversations, details, dates, witnesses, and any other information that might prove helpful to an investigation. These notes help with memory and provide those you go to with a complete picture of the incident and its seriousness.

• Talk to HR

To report inappropriate sexual conduct, follow the steps outlined in your employee handbook. Knowing who to see and the procedure to follow can make the process seem more manageable.

• Seek legal advice

A supervisor might threaten to fire you if you reject their sexual advances. However, they might not follow through when you say “no.” Additionally, a boss might make suggestive comments about getting a promotion, but claim they were joking. Moreover, conversations with HR may go nowhere.

Employment law can be confusing, so consider finding a qualified professional to review your legal options. Many law firms offer free consultations with employment lawyers or sexual harassment attorneys. Figure out your legal rights and potential courses of legal action.

• Get support

Victims frequently experience emotional distress. Fear, anxiety, anger, depression, and low self-esteem often occur after quid pro quo sexual harassment happens. Talk things out with trusted family and friends, and consider seeking help from a mental health professional if you feel unable to maintain your well-being.

• Call the police

Finally, waste no time if what you experienced was sexual assault. If your boss or anyone else forced you into unwanted acts, report this serious crime to the police.

Additional resources:
Why your sexual harassment policy needs a contingency plan
How to recognize sexual harassment at work
Navigating a toxic work environment: Strategies for survival