Sexual harassment in the workplace is a serious issue that creates an unsafe work environment. One common type of harassment is quid pro quo sexual harassment. Understanding this form of harassment and how workplace policies address it can help protect employees.
If you or someone you know is experiencing this type of harassment, it is important to seek help from a skilled sexual harassment lawyer. Call or contact Rissmiller PLLC online for legal guidance and support.
What Is Quid Pro Quo Sexual Harassment?
Quid pro quo sexual harassment occurs when someone in power, like a boss or supervisor, offers a job-related benefit in exchange for sexual favors. This could mean offering a promotion, raise, or special job opportunities if the employee agrees to unwelcome sexual advances. Employees who refuse may face negative consequences like losing a promotion or even their job.
For example, if a manager tells an employee they will be fired if they don’t go on a date with them, that’s quid pro quo harassment. Similarly, if a supervisor offers an employee a promotion or raise in exchange for sexual favors, this also qualifies as quid pro quo harassment. Both situations involve abuse of power, where job-related benefits or consequences depend upon unwanted sexual advances.
What Laws Address Sexual Harassment?
It’s important to know your rights if you face sexual harassment. Quid pro quo sexual harassment is illegal under federal law through Title VII of the Civil Rights Act of 1964, which prohibits discrimination in the workplace based on sex, among other characteristics. This law applies to employers with 15 or more employees. Many state laws also prohibit this type of harassment. As a result, employers must take quid pro quo harassment seriously and address any complaints swiftly to comply with federal and state regulations and avoid legal consequences.
Is Sexual Harassment a Crime?
Sexual harassment itself may not always be considered a criminal offense, but it can lead to legal action. Many sexual harassment cases are handled in civil court, meaning the victim can sue for damages like lost wages, emotional distress, or punitive damages. However, if the harassment includes physical assault or threats, criminal charges may follow.
In many cases, individuals who have been harassed file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates cases of workplace discrimination, including sexual harassment, to help protect employees from unlawful treatment. If the situation escalates to sexual assault, the offender could face criminal charges and jail time.
It’s essential to document any harassment you experience or witness. Reporting it to your company’s human resources (HR) department, if one exists, or a trusted supervisor is an important step. However, if neither of these options is available, you can still take action. You may need to file a formal complaint with external organizations like the EEOC in these cases. You also have the right to seek legal advice from employment law firms like Rissmiller PLLC to protect your rights in cases where your employer doesn’t take appropriate or sufficient action after notification of the harassment.
Types of Sexual Harassment
There are two primary types of sexual harassment in the workplace: quid pro quo sexual harassment and hostile work environment harassment.
- Quid pro quo sexual harassment. This type involves an exchange. Someone in authority demands sexual favors in return for job benefits.
- Hostile work environment harassment. This occurs when an employee is subjected to unwelcome conduct of a sexual nature that is so severe or pervasive it creates an intimidating, hostile, or offensive work environment. Unlike quid pro quo harassment, it does not involve a trade for job benefits.
Both types of sexual harassment are illegal and can severely impact the well-being of employees and workplace culture. It’s important to recognize these behaviors and take action to protect yourself and others from harassment.
Sexual Harassment Policy
Every company should have a sexual harassment policy to protect its employees. These policies typically outline what constitutes sexual harassment, how to report it, and what actions the company will take in response to a complaint. A clear sexual harassment policy is important for creating a safe work environment.
Some important points a company’s sexual harassment policy might include are:
- Zero-tolerance policy—the company does not allow any form of harassment and will take immediate action if it occurs;
- Reporting procedures—steps for how employees can report harassment, usually to HR or through an anonymous line;
- Investigation process—the company’s commitment to investigating complaints fairly and quickly; and
- Disciplinary action—consequences for individuals who engage in harassment, which can range from warnings to termination.
It’s essential to be familiar with your company’s sexual harassment policy and know how to use it. If your company fails to address harassment complaints, you have legal options. If you are unsure of what step to take next or need help understanding if your situation falls under sexual harassment, contacting a trusted legal team like Rissmiller PLLC can provide clarity and direction.
Rissmiller PLLC: Your Advocate Against Workplace Harassment
Quid pro quo sexual harassment is illegal and should not be tolerated in any workplace. If you or someone you know is dealing with this form of harassment, it’s important to act quickly. You have the right to a safe work environment. If your employer fails to protect that right with insufficient action or does not take your complaint seriously, you may need to take legal action. At Rissmiller PLLC, we understand the emotional toll that workplace harassment can take, especially when it makes you feel unsafe at work. That’s why our team is committed to delivering the best possible outcome and providing excellent client service.
If you need further information or have questions about quid pro quo sexual harassment or if sexual harassment is a crime, we are here to answer your questions and guide you through the process. Call or contact Rissmiller PLLC online today to schedule a confidential consultation and discover how we can help you achieve justice.