The disparity in power between managers and their subordinates can lead to situations where bosses try to take advantage of employees in order to obtain sexual favors. The New Jersey quid pro quo lawyers of Deutsch, Atkins & Kleinfeldt, P.C. in Hackensack strive to turn the tables, aggressively taking measures to halt harassment and to win fair financial compensation for the victims.
Quid pro quo — literally “something for something” — means a favor or thing of value granted in return for a service rendered. As a type of sexual harassment, it means a manager or supervisor holds out the promise of a raise, promotion or other job benefit on condition of a subordinate granting sexual favors. Implicit in the offer is a threat of adverse action if favors are withheld. Quid pro quo differs from the other major type of sexual harassment — hostile work environment — which is sexually themed speech and/or conduct so severe and pervasive that it interferes with a reasonable employee’s ability to perform their job, even if not directed at them.
Quid pro quo harassment consists of three main elements:
Quid pro quo harassment is sometimes subtle and requires careful investigation to uncover.
An employer can be liable for quid pro quo harassment if it fails to take reasonable steps to prevent it. Such steps include the following:
If your employer fails in these responsibilities and you suffer quid pro quo harassment, we can take effective action to hold the harasser and the company liable.
To win a quid pro quo harassment case, there must be a connection between the sexual advances and a change in the employee’s wages or working conditions. The types of evidence we use to prove this link include:
Once we file a lawsuit, we may be able to obtain further evidence from your employer, such as your personnel file, and to question your harasser and other employees.
Your first step should be to complain to your HR department or to the highest company officer you can contact. The company should be given the chance to take corrective action. If that proves ineffective, you can file a formal complaint with the state Division on Civil Rights (DCR) or the federal Equal Employment Opportunity Commission (EEOC). In New Jersey, the DCR remedy is often the more efficient route to take. The agency will conduct its own investigation and can grant you such remedies as back pay, front pay, job reinstatement and other damages for your losses, including emotional distress.
If you are the victim of quid pro quo harassment, the experienced attorneys of Deutsch Atkins & Kleinfeldt, P.C. in Hackensack, New Jersey will fight for you. To schedule a consultation, call 551-245-8894 or contact us online.