Something for Something – Los Angeles Sexual Harassment Attorney
If you are or think you may be a victim of quid pro quo sexual harassment after reading what we have to say, contact a Los Angeles sexual harassment attorney from California Legal Team right away to discuss your options.
What is Quid Pro Quo Sexual Harassment?
This is the most common form of sexual harassment. The Latin term of quid pro quo translates to ‘something for something’. It is therefore the kind of sexual harassment that occurs in the workplace when a supervisor or employer (figure of authority) insinuates that he or she will give the employee something in return for sexual satisfaction or demand. Another common situation is when the employer threatens not to fire the employee in exchange for some kind of sexual favor.
Elements of Quid Pro Quo Sexual Harassment
There are certain elements that need to be proven to the jury in order for a sexual harassment claim to succeed.
The following needs to be proven by your sexual harassment attorney:
- The plaintiff was an employee of the company involved or has applied for a job in that company,
- There had been unwanted sexual advances by the alleged harasser to the plaintiff,
- Certain job benefits were given on condition based on acceptance or rejection of the alleged conduct,
- At the time of the alleged conduct the alleged harasser was in a position of authority, such as a supervisor in the company,
- The plaintiff suffered harm as a result of the alleged conduct,
- The alleged conduct was a substantial cause of the plaintiff’s harm.
What the courts will be looking at is whether there is proof of underlying sexual harassment that has occurred as a result of an employment action.
The Legality of Quid Pro Quo Sexual Harassment
This form of harassment is prohibited as it is considered a crime of abuse of power because it falls under the category of a form of sex discrimination, violation of labor or tort law. Once a case of sexual harassment has been established the burden of proof is on the employer to prove that the harassment did not occur for non-discriminatory reasons.
Employers are most likely to be held strictly liable for quid pro quo harassment because the supervisor or person with authority committing quid pro quo harassment is seen and deemed to be acting on behalf of the employer of the company.
Remedies to Victims of Quid Pro Quo Harassment
If you have been a victim of quid pro quo harassment there are legal remedies available to you that aim at compensating the harm you have suffered as a result of the harassment. Such remedies may include a recovery of compensatory damages such as medical expenses, future economic loss, loss of enjoyment of life, and back pay. If you are a successful claimant you may also be awarded punitive damages. In the United States, such damages are awarded only if the claimant establishes that the employer acted with malice or reckless indifference to her or his rights. Speak to your sexual harassment attorney about what remedies are best suited to your specific case.
You Do Not Have to Suffer in Silence
You should confront the harasser so that he or she is aware of their actions. It is important that you keep records of the harassment. If the harassment does not stop then you need to report the harasser. When reporting the harasser it is best that you consult a sexual harassment attorney so you can identify your possibilities going forward.
You do not have to live with sexual harassment. Consult our team of Los Angeles sexual harassment attorneys to help you understand your rights and what remedies are available to you.
