Oakland Quid Pro Quo Sexual Harassment
“Quid pro quo” sexual harassment is one of two types of sexual harassment recognized by the courts. In quid pro quo sexual harassment, a supervisor conditions a job benefit, or even the job itself, on the employee’s providing the employer sex or sexual favors. The most crude and direct case would be where a supervisor says, “You’re fired unless you have sex with me.”
But the manager or supervisor does not need to make an explicit sexual advance in order for this type of sexual harassment to come into play. The test is whether the supervisor’s words or conduct would communicate to a reasonable woman or man in the employee’s position that unwelcome sexual favors are a condition of employment.
One court explained it this way: “Threats involving actual job benefits may never be expressed. They may never have to be. The victim may capitulate to a supervisor’s demands or tolerate an offensive environment because of a perceived, albeit unarticulated threats to his or her employment status. In that event, tangible job benefits may never be actually threatened but toleration of the harassment is, in effect a quid pro quo not only for the job-related benefits but for the job itself.”
Employers in California are strictly liable for all acts of sexual harassment by a supervisor. Under the California Fair Employment and Housing Act, a “supervisor” is any person having the authority to hire, transfer, discharge other employees or the responsibility to direct them. Government Code §12926.
A supervisor usually commits quid pro quo sexual harassment behind closed doors, resulting in a potentially “she-said, he-said” situation. It takes a lawyer with skill, determination and vigorous advocacy to put the best case forward for the victim in this type of case.
Alameda County Sexual Harassment Attorney — No Charge Until You Win
Through her practice, attorney Felicia Curran, has developed a keen understanding of how to bolster a victim’s credibility and discredit the excuses the employer makes to deny responsibility. Retain the Law Offices of Felicia C. Curran, and she will be your advocate in any case involving quid pro quo sexual harassment.
Helping Victims Become Victors | Law Offices of Felicia C. Curran | 510-823-2331
You owe us nothing until we recover compensation for you. For more information about our legal services or to schedule a free initial consultation with our lawyer, contact us online in Oakland, California, or by calling 510-823-2331.