The Civil Rights Act of 1964 makes it illegal to discriminate on the basis of race, color, religion, age, national origin, and sex.
Federal law falls into two categories: Quid Pro Quo and Hostile Environment. This article will focus on Quid Pro Quo.
A Type of Sexual Harassment, Crux quid pro quo, means this by that. In other words, something is given in exchange for something else.
This category of sexual harassment includes:
- unwanted sexual advances
- requests for sexual favors
- other verbal or physical conduct of a sexual nature.
The caveat here, however, is that this harassment occurs when this conduct is explicitly or implicitly linked to the employee’s employment.
In other words, accepting or rejecting the harassment affects employment decisions regarding the employee.
Example:
Quid Pro Quo occurs when a manager or supervisor makes unwelcome sexual advances toward an employee and states or implies that the employee must submit to keep their job or to receive a raise, promotion, or job assignment. This can only occur when the harasser has authority over the employee.
Employers are at great risk as this type of harassment only needs to happen once. This type of harassment does not have to meet the hostile environment law’s “unwanted and repeated” requirements.
Courts have ruled that even if an employee submits to the lawsuits and receives promotions, raises, etc. there is still a case. In addition, the supervisor may also be held liable.
short case
In a brief case involving 15 women, the CEO of Del Laboratories of Farmingdale, New York, who held the company’s most powerful position, sought sexual favors in exchange for job benefits or opportunity, either by making promises to the women harassing them or threatening them with unfavorable terms if they refused his advances.
The case also contains hostile work environment issues, as well as retaliation.
Awards: $1,185,000 in monetary relief
For more information on other types of sexual harassmentread about sexual favoritism or sexual harassment by non-employees.
Protect your business from this type of harassment. Make sure your employees are well trained in bullying and discrimination prevention and awareness.
