A job opportunity can sometimes come with an inappropriate condition. For example, a supervisor may suggest that an employee will receive a promotion if the employee agrees to a date or sexual favor. These situations can raise concerns about quid pro quo sexual harassment under California’s Fair Employment and Housing Act (FEHA).
The phrase “quid pro quo” means “this for that.” In the workplace, it generally involves a person with employment authority offering a job benefit in exchange for sexual conduct or threatening a job-related consequence after an employee refuses.
How quid pro quo harassment can happen
Quid pro quo harassment can involve more than a direct request for sex. The key issue often involves linking sexual conduct to an employment decision.
For example, a supervisor might:
- Offer a promotion in exchange for going on a date
- Suggest better work hours in exchange for sexual attention
- Threaten to cut an employee’s hours after the employee rejects a sexual request
- Deny a job opportunity because an employee refused unwanted sexual advances
These actions can affect hiring, promotions, pay, scheduling and other terms of employment. Even an implied threat or promise may raise concerns depending on the facts.
How FEHA protects employees
California’s FEHA prohibits sexual harassment in employment. Quid pro quo harassment can involve someone using workplace authority to influence an employee’s job based on the employee’s response to sexual conduct.
This type of harassment differs from a hostile work environment claim. A hostile work environment may involve repeated sexual comments or conduct that makes the workplace abusive. Quid pro quo harassment instead focuses on a connection between sexual conduct and an employment decision.
Keeping records of messages, emails, requests or changes in employment conditions can help document what happened. Speaking with an employment attorney can also help you assess how the facts may fit FEHA protections and what legal options may be available.
When a job decision comes with strings
A promotion, schedule or other workplace benefit should not become leverage for unwanted sexual conduct. When employment decisions become tied to sexual requests or retaliation for rejecting them, California law may provide protections.
Recognizing the connection between the conduct and the employment decision can be important when evaluating a potential FEHA claim.