You would think that with increased attention on sexual harassment and sexual assault in the workplace incidences of this type of egregious behavior would be nearly non-existent by now. However, the sad reality is that sexual harassment and sexual assault continue to pervade workplaces across our country. Those who have been subjected to such behavior need to know their legal rights, as taking legal action is often the only way to hold a harasser and an employer accountable while also recovering compensation for damages.
Quid pro quo as a basis for your sexual harassment claim
Sexual harassment can take many forms, but one of the most common is quid pro quo. This type of harassment can occur in one of two ways. In the first, an individual in a position of power promises something beneficial in exchange for a sexual favor. A promotion, pay raise, better work assignment, or better hours are examples of things that may be promised.
The second type of quid pro quo sexual harassment involves an individual in power threatening negative employment action if there isn’t compliance with a sexual request. These threats might include demotion, worse working conditions, a less desirable work assignment, and even termination.
Regardless of what type of quid pro quo sexual harassment you’ve been subjected to, it’s unacceptable and can have significant ramifications for your emotional well-being, your career, and your future.
Proving your case
The burden is on you to prove that a negative employment action has been taken against you for failure to submit to a sexual favor. Once you prove that, then the burden shifts to your employer who must demonstrate that the employment action was based on something other than sexual harassment if they it hopes to avoid liability. This means that you have to be prepared to play aggressive offense and defense if you hope to win your case.
These kinds of claims can be challenging, especially when going up against your employer. Fortunately, though, you don’t have to face these matters alone. Instead, you can have an experienced legal professional by your side to help you fight for an outcome that is just.