San Francisco employees are protected against quid pro quo harassment under both state and federal laws, including the California Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act.
What is Quid Pro Quo Harassment?
Quid pro quo harassment, a type of sexual harassment prohibited under Title IX, involves situations where job benefits are contingent on the employee submitting to sexual advances or other unwelcome requests that are based on the employee’s protected characteristics, such as race, gender, or sexual orientation.
Key Rights Under FEHA Against San Francisco Quid Pro Quo Harassment
- Definition of Quid Pro Quo Harassment: This type of harassment occurs when an employer, or an agent of the employer, makes a San Francisco employee’s acceptance of unwelcome sexual advances or other conduct based on a protected characteristic a condition of their employment. This could include decisions related to hiring, promotions, salary increases, or continued employment.
- San Francisco Employer Liability: In cases of quid pro quo harassment, the employer is automatically liable if the harassment is perpetrated by a supervisor or someone with authority over the employee. Unlike hostile work environment harassment, a single incident can be enough to constitute quid pro quo harassment.
- No Retaliation: San Francisco employees are protected from retaliation for rejecting such advances, filing a complaint, participating in an investigation, or otherwise opposing quid pro quo harassment.
Examples of San Francisco Quid Pro Quo Harassment
- Example 1: A manager tells a San Francisco employee that they will only be considered for a promotion if they agree to go on a date with him. This is a classic example of quid pro quo harassment, where job benefits (promotion) are directly linked to acceptance of a personal favor (a date).
- Example 2: A supervisor threatens to fire a San Francisco employee unless the employee participates in religious activities preferred by the supervisor. This example extends the concept of quid pro quo beyond sexual harassment to include other protected characteristics like religion.
- Example 3: A landlord who also employs his tenant in his business tells the tenant that she must engage in sexual acts with him if she wants to continue living in her apartment and keep her job. This scenario involves quid pro quo harassment that affects both her employment and housing, both of which are protected under FEHA.
- Example 4: A San Francisco employee is told by a senior team member that they must vote in a certain way in a company’s management election to receive support for their own career advancement within the company. While this may not fall under traditional categories like sexual harassment, it could be considered quid pro quo if the vote is linked to a protected characteristic.
- Example 5: A senior employee on the management approaches a newly hired employee after hours. The manager states bluntly: “If you want a future in this company, you need to engage in a sexual relationship with me. Without this, you won’t have a career here. I have significant influence over your future, so consider your choice carefully.” This is another example of quid pro sexual harassment, where the job (continued employment) and the personal favor (sexual relations) are directly linked.
What To Do If You Experience Quid Pro Quo Harassment
If you experience quid pro quo harassment, which occurs between someone who is a management, authority or in a powerful position and you are in their subordinate, please feel free to reach out to our attorneys who are experts in San Francisco Quid Pro Quo Harassment in the work place. The laws governing quid pro quo harassment are designed to ensure that employees can work in an environment free from coercive, unwelcome demands relating to their employment. We understand how intimidating it can be to speak out against your employer, a large corporation, or others who may hold power over you. While legal cases can be lengthy and complicated, we will guide you through every step of the process, making sure you understand your options and can achieve a result you’ll be happy with.
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