Quid Pro Quo Sexual Harassment

Sexual Harassment Attorneys Serving Atlanta

Sexual harassment can have devastating effects on an employee who is directly affected by it. It also can affect other employees and the corporate culture of a company. Therefore, employers should create and follow policies and procedures to prevent sexual harassment. If you have a legal issue involving quid pro quo sexual harassment, you need the advice of an experienced lawyer. The sexual harassment attorneys at Mays & Kerr have experience assisting both employees and employers in matters related to discrimination and harassment throughout the Atlanta area. We understand discrimination laws and have the skills to assist you.

Quid Pro Quo Sexual Harassment

“Quid pro quo” roughly translates to “something for something” or “this for that.” Quid pro quo sexual harassment happens when an employment decision is based on a person’s submission to or rejection of unwelcome sexual conduct. This violates Title VII of the Civil Rights Act, which prohibits discrimination on the basis of sex.

Quid pro quo sexual harassment often involves an express or implied request or demand for sexual favors in exchange for some employment-related benefit, such as a promotion, a raise, or a favorable evaluation. It also may involve an express or implied threat that the employee may lose the job, be demoted, or not be assigned important work projects.

The nature of quid quo pro harassment means that it is generally committed by supervisors, managers, or others with the power to make an employment decision affecting the employee or job candidate in question. Employers are liable for harassment by a supervisor when it results in a tangible employment action, such as hiring, termination, demotion, promotion, or reassignment.

Other Quid Pro Situations

Other employees or job candidates also may have claims arising from quid pro quo conduct. Federal regulations make employers liable to qualified persons who are denied an employment opportunity or benefit that is granted to another employee because that employee submitted to sexual advances or requests. If a female employee receives a promotion after submitting to unwelcome sexual advances, for example, other female employees who were rejected for the promotion may be able to establish that sexual conduct was a condition for the promotion. Even if other employees are not able to show that sexual conduct was generally a condition of employment because the advances were only made toward a single employee, both qualified women and women who were rejected for the promotion may have claims because they were injured as a result of the discrimination toward the female employee.

Title VII of the Civil Rights Act of 1964

Sexual harassment claims generally fall under Title VII of the Civil Rights Act of 1964, which applies only to employers with 15 or more employees. Title VII is administered and enforced by the Equal Employment Opportunity Commission (“EEOC”). To file a lawsuit under Title VII, a person first must file a charge with the EEOC. The deadline for filing a charge with the EEOC is generally 180 days after the discrimination occurred. Therefore, victims of harassment must act quickly to protect their rights.

Remedies

Remedies for quid pro quo sexual harassment may include an injunction enjoining the discriminatory conduct, hiring, reinstatement, back pay, front pay, and compensatory and punitive damages. Compensatory and punitive damages in Title VII claims, not including back pay and front pay, are capped based on the size of the employer.

Knowledgeable Georgia Sexual Harassment Attorneys

The sexual harassment lawyers at Mays & Kerr understand the discrimination laws that apply to employees and employers in the Atlanta area. We have the knowledge and skills to help you understand your legal rights and obligations related to a sexual harassment issue. If you have a concern related to sexual harassment, call us at 1-877-986-5529 or contact us online to set up a free consultation.