Legal Definitions - quid pro quo sexual harassment

Quid pro quo sexual harassment refers to a specific type of sexual harassment where an individual's employment benefits or opportunities are made conditional upon their submission to unwelcome sexual advances or conduct. The Latin phrase "quid pro quo" literally means "something for something," or "this for that." In a legal context, it means that a person in a position of power (like a supervisor or manager) demands sexual favors in exchange for a job benefit or to avoid a negative employment action.

Here are some examples to illustrate this concept:

• Example 1: Promotion Contingent on Sexual Favors

  A marketing director tells an employee, "If you want that promotion to Senior Marketing Manager, you'll need to come to dinner with me alone this weekend and make it worth my while." The director explicitly links the employee's career advancement (a job benefit) to their submission to an unwelcome sexual advance (the dinner and implied sexual favors). This constitutes quid pro quo sexual harassment because the promotion is offered in exchange for sexual compliance.

• Example 2: Job Retention Tied to Sexual Demands

  During an annual performance review, a supervisor informs an employee that their job performance has been subpar and they are at risk of termination. The supervisor then adds, "However, I'm willing to overlook these issues and ensure your continued employment if you agree to spend some private time with me after work." Here, the supervisor is demanding sexual favors (private time) as a condition for the employee to keep their job (avoiding a negative employment action like termination). This is a clear instance of quid pro quo sexual harassment.

• Example 3: Positive Performance Review and Raise Linked to Unwelcome Advances

  An employee is due for their annual performance review and a potential raise. Their department head calls them into a meeting and says, "I've been very impressed with your work, and I'm considering giving you a top rating and a significant raise. But first, I want you to meet me at my apartment tonight to discuss your future here." The department head is conditioning a positive performance review and a raise (job benefits) on the employee's agreement to an unwelcome sexual advance (meeting at the apartment for an implied sexual encounter). This scenario demonstrates quid pro quo sexual harassment because the favorable employment outcomes are directly tied to the employee's submission to sexual demands.