In the workplace, sexual harassment can take many various forms. For instance, if her male coworkers display images of near-naked or naked women in their shared workstation and make obscene comments about sex and women to her, this might create a hostile work environment for her.
Quid pro quo sexual harassment is an additional prevalent kind of sexual harassment. When an employee’s work conditions include consenting to a supervisor’s overtures or requests for sexual favors, this happens. The Fair Employment and Housing Act forbids this kind of harassment, as a California sexual harassment lawyer may clarify. Contact PLBH at (800) 435-7542 now to schedule a consultation.
The three elements involved in quid pro quo sexual harassment
There are three aspects of quid pro quo sexual harassment. An employee must first encounter unwanted sexual approaches, demands, or remarks. Second, a supervisor must have made these requests or advances. Third, there must have been a real adverse employment action if the employee refused the sexual approaches, demands, or remarks.
Quid pro quo harassment may entail the promise of a professional gain, such as a promotion, or the fear of a professional disadvantage, such as having your hours reduced. Quid pro quo will become hostile work environment sexual harassment if the supervisor who made the threat or the promise doesn’t make good on it.
Only supervisors can be guilty of this unlawful behavior
It is not quid pro quo sexual harassment if the individual making the approaches, demands, or remarks is not a supervisor since they lack the power to discipline the employee. For instance, it is not quid pro quo sexual harassment if Maria’s coworker John approaches her and threatens to get her demoted if she doesn’t agree to have sex with him. This is because John cannot get Maria demoted. However, this kind of threat might be regarded as quid pro quo sexual harassment if Maria gets demoted for rejecting John, whether John is her direct boss or not.
More about sexual harassment
Sexual harassment can occur without any specific language in a threat or promise. A boss could imply, for example, that an employee would be happy at work if they comply to a sexual demand or that they risk losing their job if they don’t. If the other criteria for this kind of harassment are satisfied, either of these instances can still be considered quid pro quo sexual harassment.
We can help you if you feel you have been the victim of sexual harassment
A knowledgeable California sexual harassment lawyer can inform you of your rights and assist you in making a decision if you have experienced quid pro quo sexual harassment or any other form of workplace harassment. This may entail filing a report with your employer or the company’s human resources department.
You can report to the Department of Fair Employment and Housing if your employer does not deal with the problem properly. Following that, you can receive a right-to-claim notification allowing you to sue your employer. It is crucial to note that in California, it is unlawful for an employer to punish an employee for reporting sexual harassment (or other types of harassment). Another reason for a lawsuit would be if you file this kind of complaint and your employer takes offense in any way.
At PLBH, we are dedicated to assisting workers in California who have been subjected to unjust employment treatment in obtaining justice. To arrange a consultation, get in touch with us right now at (800) 435-7542.