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, Quid quid pro quomeans 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 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 in order to keep their job or to receive a raise, promotion, or job assignment. This can only happen when the harasser has authority over the employee.
Employers are at great risk as this type of harassment should only happen once. This type of harassment does not have to meet the “unwelcome and repeated” requirements of the Hostile Environment Act.
The courts have ruled that even if an employee submits to the lawsuits and receives promotions, raises, etc. there is still one case. In addition, the supervisor can 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 most powerful position in the company, sought sexual favors in exchange for job benefits or opportunities, either by making promises to the women whom he harassed or threatened them with unfavorable conditions if they rejected 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 harassment and discrimination prevention and awareness.
