Quid pro quo harassment occurs in the workplace when a manager or other authority figure offers or merely hints that he or she will give the employee something (a raise or a promotion) in return for that employee's satisfaction of a sexual demand. This also occurs when a manager or other authority figure says he or she will not fire or reprimand an employee in exchange for some type of sexual favor. A job applicant also may be the subject of this kind of harassment if the hiring decision was based on the acceptance or rejection of sexual advances.
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:
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.
