To Make a Claim
To prevail on a quid pro quo claim, a claimant (the plaintiff in a lawsuit) must be able to prove the following elements to a jury:
- Plaintiff was an employee of, or applied for a job with, company X (the defendant).
- The alleged harasser, an officer or employee of company X, made unwanted sexual advance to the plaintiff, or engaged in other unwanted verbal or physical conduct of a sexual nature.
- Certain job benefits were conditioned, by words or conduct, on the plaintiff's acceptance of the alleged harasser's sexual advances or conduct; or that employment decisions affecting the plaintiff were made based on his or her acceptance or rejection of the alleged conduct.
- At the time of the alleged conduct, the alleged harasser was a supervisor or agent for company X.
- The plaintiff was harmed by the alleged conduct.
At the end of the day, courts are looking for proof that the underlying sexual harassment resulted in a significant employment action, such as the plaintiff being fired or suspiciously passed over for a promotion.