Quid Pro Quo Sexual Harassment
Do you have a supervisor who is promising to give you a raise in return for a sexual favor? Are you being threatened with disciplinary action if you do not concede to a manager’s unwanted sexual propositions at work? Has someone with authority at work hinted to you that you could be given a raise if you go on a date with him or her? If you answered yes to any of these questions, you may be the victim of quid pro quo sexual harassment and should immediately contact an experienced New Jersey sexual harassment lawyer to discuss your workplace issue.
Managers, supervisors and other higher level employees are entrusted with significant power by the employer over other employees. These powers include the ability to provide raises, days off, benefits, and work assignments, as well as to determine the terms and conditions of employment. Supervisory employees who use this power appropriately can create a productive, healthy and rewarding work environment for their employees. Unfortunately, there are others who use their power inappropriately by attempting to gain unwanted sexual favors from subordinate employees.
Under New Jersey law, quid pro quo supervisor sexual harassment will arise when a supervisor, manager or other person in authority attempts to make an employee’s submission to a sexual demand a condition of employment. The quid pro quo form of sexual harassment involves either an implicit or explicit suggestion of a supervisor or someone with authority that the employee will lose his or her job, receive a bad performance review, be placed on a performance improvement plan, be passed upon for a promotion or suffer another form of adverse employment action if they do not consent to the sexual demand. For instance, a supervisor who offers a favorable work assignment in exchange for a sexual favor has engaged in quid pro quo sexual harassment. Quid pro quo sexual harassment can also be very subtle, so long as the harassing supervisor makes clear to the victim that his or her success in some way will be impacted upon whether they engage in the sexually unwarranted proposition.
The New Jersey Law Against Discrimination (NJLAD) prohibits quid pro quo sexual harassment in all workplaces within the state. An individual can successfully demonstrate a quid pro quo sexual harassment claim if he or she can show that:
- He or she is an employee or applied for a job position with the employer;
- The harassing officer or employee made an unwanted sexual advance or proposition to the victimized employee;
- Job benefits were promised or adverse employments actions were threatened to the employee based on his or her acceptance of the sexual demand;
- The harasser was a supervisor or agent of the company
- The employee suffered damages as a result of the sexual harassment;
A claim of quid pro sexual harassment under the New Jersey Law Against Discrimination entitles a prevailing plaintiff to a wide range of potential damages. Damages include back pay and lost benefits, front pay and future benefits, emotional distress damages, reinstatement and punitive damages.
If you are being sexually propositioned by a supervisor or someone else at authority at work, you should immediately contact an experienced New Jersey sexual harassment lawyer to discuss your claim of quid pro quo sexual harassment. Our New Jersey employment lawyers have extensive experience and proven track record in pursuing claims of sexual harassment on behalf of employees and are here to analyze all of the facts and circumstances concerning your potential claim and inform you of your legal rights.