How a Lawyer Handles Quid Pro Quo Sexual Harassment Cases
If you’re dealing with quid pro quo sexual harassment at your workplace in Illinois or Missouri, the employment discrimination attorneys at Mahoney Law Firm can help you understand your rights. To file a quid pro quo harassment lawsuit, you want a lawyer with a successful history of handling employment discrimination and sexual harassment cases. Mahoney Law Firm is the best choice for the job.
Quid pro quo sexual harassment is a serious and pervasive workplace issue. Harassment victims require legal representation and advice to protect their rights and find justice.
If quid pro quo harassment has impacted you, the experienced lawyers at Mahoney Law Firm can help you understand your rights and explain the next steps to move your case forward. We represent clients in Illinois, Missouri, and across the Midwest in sexual discrimination and employee rights cases.
What is quid pro quo sexual harassment?
Quid pro quo workplace sexual harassment occurs when someone in a supervisory position implicitly or explicitly offers a job benefit, protection, or other favorable employment action in exchange for sexual favors. The supervisor, manager, or other authority figure has the power to affect the subordinate’s job status if the employee refuses their sexual advances.
Quid pro quo is one of two types of sexual harassment. The other is hostile work environment sexual harassment, which involves unwelcome conduct of a sexual nature that interferes with an employee’s performance or creates intimidating, hostile, or offensive working conditions.
What is an Example of Quid Pro Quo Harassment in the Workplace?
An example of quid pro quo harassment is a supervisor or manager requesting dates in exchange for hiring a job applicant or giving a pay raise to an employee. Or, a manager may ask an employee to have sex with them in exchange for travel paid for by the company. Other common enticements include:
- A better work schedule
- An excellent performance review
- A promotion
- Transfer to a better job
The quid pro quo could also involve threats of negative employment actions if the employee doesn’t provide sexual favors. Such threats include:
- Transfer to a worse job or another location
- Poor performance review
Burden of Proof in Quid Pro Quo Harassment Cases
To succeed on a claim of quid pro quo sexual harassment, the plaintiff must be able to prove that:
- They are a member of a protected class. Title VII of the Civil Rights Act protects employee rights by prohibiting employment discrimination based on sex.
- They were an employee or job applicant.
- The alleged harasser was in a position of authority over the plaintiff.
- The alleged harasser made unwanted sexual advances or engaged in unwelcome conduct of a sexual nature.
- Either the alleged perpetrator explicitly or implicitly conditioned employment benefits or negative consequences on acceptance or refusal of the advances.
- The plaintiff was harmed and suffered damages as a result of the harassment.
- The alleged harasser’s conduct was a substantial factor in causing the plaintiff’s harm.
Quid pro quo sexual harassment can happen to men and women of any sexual orientation. The requests for sexual favors may be direct or implied, but the victim must prove that the conduct negatively impacted their employment.
Job interviewees may also be eligible to file a claim of quid pro quo sexual harassment if they were promised employment in exchange for a sexual relationship.
In cases where a plaintiff cannot prove the harassment tangibly impacted their job, they may still be able to proceed on a hostile work environment claim. For example, a manager may have made sexual advances and threatened to retaliate against the employee if they rejected them. However, after the employee refused the sexual favors, the manager did not follow through. The employee suffered no negative employment action. However, they may still hold the perpetrator and employer accountable for creating a hostile work environment.
Importance of Legal Representation in Quid Pro Quo Harassment Cases
Hiring effective legal representation is essential to the success of your quid pro quo sexual harassment case. If you or someone you know is experiencing quid pro quo sexual harassment in the workplace, do not hesitate to seek legal advice and representation. Call the skilled lawyers at Mahoney Law Firm today at 618-822-2833 to schedule a free consultation and learn more about how we can help you navigate the legal process and seek justice.
Your attorney will collect evidence that supports your claim of quid pro quo harassment. Relevant evidence may include documents, emails, performance reviews, or witness accounts that demonstrate harassment took place. Any information regarding the consequences you suffered for refusing to reciprocate sexual advances is also important.
A lawyer at Mahoney Law Firm will assist in gathering information to build your case. The attorney can also compel a company or business to hand over any information they can access that proves your claims.
Filing a Complaint
In most cases, employees must file a quid pro quo harassment claim with their state or federal labor protection agency. Harassment claims list the following:
- The victim of the harassment
- The victim’s employer at the time of the harassment
- The perpetrator of the harassment
Paying attention to the statute of limitations for filing a complaint is important. Complainants have 180 days to file their claim with the U.S. Equal Employment Opportunity Commission.
Under the Illinois Human Rights Act, victims of workplace harassment must file suit within years after the incident.
An employment law attorney can help you navigate these processes and pursue financial compensation by filing a civil lawsuit against those responsible.
Litigation and Settlement Negotiation
You may be eligible to recover damages caused to you by quid pro quo harassment, including:
- Monetary damages for lost wages, benefits, or employment opportunities
- Compensatory damages for emotional distress and humiliation
- Rehiring if your employer fired you due to your harasser’s actions
- Punitive damages if the employer had a pattern of workplace sexual harassment it failed to remedy
Mahoney Law Firm lawyers will negotiate with your employer’s attorneys to get you a fair settlement. However, if we cannot reach an agreement, we can also litigate your case in court. In that event, a jury will determine the amount and types of damages you will receive. Most cases of this nature are settled out of court and never reach a jury, but we have the resources and experience to fight for you through the entire process.
Protect Your Rights
We understand that sexual harassment cases can be emotionally overwhelming. You may be feeling shame, embarrassment, and anger over the situation. Our team of trusted attorneys at Mahoney Law Firm will handle your case with the compassion and empathy you deserve.
Quid pro quo sexual harassment cases can be complex and require the skill of an experienced lawyer with a successful track record. Mahoney Law Firm regularly represents clients facing sexual harassment, employment discrimination, and civil rights issues.
We can tell you what to expect, help you navigate the legal process, and achieve a successful outcome. You need someone to look out for your interests and protect your rights during a lawsuit or settlement negotiation. If you’ve experienced quid pro quo sexual harassment in your workplace, reach out today to Mahoney Law Firm to take the next steps.