Quid Pro Quo

What is quid pro quo?  Quid pro quo is a Latin phrase that translates to “this for that” or “something for something”.  One could use quid pro quo in a harassing situation.  For example…”If you do not do a sexual favor for me then your job could be jeopardized”.  This is where sexual harassment is considered to be a factor.  Harassment based on sex is a violation in Title VII of the Civil Rights Act of 1964.  Several cases were thrown upon the court in an act to sue the plaintiff on account of an elementary school flirt.  Therefore boundaries regarding sexual favors in the workplace were established.  It was not until 1980, when the Equal Employment Opportunity Commission (EEOC) set guidelines to distinguish sexual harassment from “satisfying a personal urge”.

• When submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment.
• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual.
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.

Even after these rules or laws were brought forth, companies still have quid pro quo harassment.  Probably because the harasser puts the victim in hard to turn down scenarios, such as “If you want that raise, that promotion…if you want to keep your job, you’ll have to sleep with me.”  Typical quid pro quo situations are suggestions of unnecessary after-hours work or out-of-town travel, statements like “It would really help your career to work more closely with me,” or “If you want that assignment, you’re going to have to be nice to me.”

            Then the victim has fear of losing his/her job, so they play along.  I mean who would want to damage or lose their career.  Although, some employees will resign, or quit their jobs from having to work in a hostile environment.

            The harasser is one who is higher in authority, one who can make these kinds of job-related threats or promises.  The immediate supervisor (boss) or someone who has the actual or apparent authority to affect terms and conditions of employment.

            In order for the defending party to be believed, the victim must have evidence.  Money damages for example to claim quid pro quo harassment.  Damages can include monies associated with lost promotion opportunities, missed raises, or in the event of actual or constructive discharge, the full value of wages and benefits lost less an amount the charging party might reasonably have earned had she pursued another job opportunity.  One incident can be enough in quid pro quo situations.  Quid pro quo harassment is equally unlawful whether the victim resists and suffers the threatened harm or submits and thus avoids the threatened harm.

            Then there is quid pro quo exchange.  This does not involve sexual favors.  For example, quid pro quo can make a contract binding or is a usable tool in politics. 

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