Quid pro quo harassment occurs when someone in power seeks sexual favors in exchange for job benefits or protection. Employers must enforce policies, conduct investigations, and create a safe workplace to prevent and address this misconduct.
By Brad Nakase, Attorney
Email | Call (888) 600-8654
Have a quick question? I answered nearly 1500 FAQs.
It is unacceptable for employers to ignore sexual harassment in the workplace, including quid pro quo harassment. Human resources needs to do everything they can to stop it from happening and be ready to act quickly when it does.
Read on to learn about quid pro quo harassment and the steps that human resources may take to combat it.
The Latin phrase “quod pro quo” means “something given or received for something else” and can describe a wide variety of mutually beneficial exchanges. But “quid pro quo” is shorthand for sexual harassment when used in the workplace.
Quid pro quo harassment is when someone in a position of authority uses their influence to try to have a sexual relationship with a worker in exchange for a job benefit, job security, or immunity from punishment. It can also mean revenge, like when an employee loses their job or has bad things happen to them because they turned down a sexual approach from a boss.
Workplace harassment based on a “quid pro quo” is widespread. Powerful individuals can occasionally develop a lack of empathy, according to social scientist Dacher Keltner. Improper, impulsive action might result when people fail to read the emotions or viewpoints of others around them.
It is the duty of human resources to address cases of quid pro quo harassment. Human resources should have a plan in place to deal with it and prevent it from happening. A secure workplace free of harassment, assault, and other forms of workplace violence is everyone’s responsibility, and HR should play a leading role in making that happen.
Many types of sexual harassment, including quid pro quo, happen on the job. As examples, look at these:
Harassment based on a perceived favor can manifest in overt and covert ways. There are circumstances that are the result of sexual innuendo, while there are other situations that constitute straight-up harassment. The most cunning harassers realize that all it takes to get away with it is a subtle indication of what they want, and then they can use that to their advantage.
Even in cases when no one reports it, human resources must identify and address quid pro quo harassment. While not conclusive evidence of a crime, certain acts might serve as red flags.
Pay attention to certain situations, like:
The phrase “quid pro quo” does not include all forms of sexual harassment or interactions in the workplace. There are some things that should not be considered quid pro quo sexual harassment, even if they are still inappropriate or illegal.
Quid pro quo sexual harassment would not apply in these cases:
The damage that quid pro quo harassment does to an organization and its employees is too great to ignore. If left unchecked, it has the potential to worsen and cause additional problems.
Victims of workplace harassment often report feeling helpless and uncomfortable on the job, which can have a significant psychological impact on affected individuals. They may resign, miss work, or perform poorly on the job as a result of this anxiety.
If an employer allows quid pro quo harassment, the harassed employee may seek legal recourse. This might lead to a costly legal struggle for the organization and harm its reputation.
When a company fails to handle misbehavior, it establishes a culture in which engaging in inappropriate behavior is seen to be acceptable. It is possible that this may lead to other instances of harassment, some of which may even take place openly without the fear of being punished. People who see the behavior will think that reporting it won’t change anything. The result is a hostile and hazardous workplace where workers feel they can’t speak out for themselves.
Serious action is required in response to any allegation of quid pro quo harassment. Accusations involving prominent or esteemed leaders add another layer of complexity to these cases. For this reason, you should handle them with extreme caution and precision.
The following are some key considerations when dealing with accusations of workplace quid pro quo harassment:
1. Conducting complete and prompt investigations into all allegations of harassment
Immediate attention is required in these cases. Evaluate all the information and conduct a thorough HR investigation to get a fair judgment about what transpired.
Keeping an impartial stance toward all sides is critical. Reputation should not be used to determine the credibility of either party. For this reason, it may be necessary to hire an impartial third party to oversee or participate in the inquiry.
2. Helping the harassed person or people get the help they need
Show the victim the highest level of respect. By listening carefully and promising anonymity, you can make them feel comfortable opening up about their experience.
Keep the employee safe from additional harassment by doing whatever is necessary. Be careful not to draw attention to the employee or make them feel uncomfortable. For example, moving them to a different area against their will to keep them away from the alleged offender.
Give them access to resources to help with mental health and be flexible with any requests they may have, like paid vacation. It is imperative that you address the employee’s concerns regarding any repercussions that may have resulted from the harassment.
3. Enforcing fair and consistent punishment on the harasser(s)
Ensure that the guilty employee is held responsible in line with business policy and relevant legislation. Appropriate disciplinary action may include a warning, suspension, or dismissal, as determined by the seriousness of the behavior. To make sure the harassing conduct doesn’t happen again, it might also include mentorship and training sessions.
Documentation and consistency in application of discipline are essential, regardless of the person’s status in the business.
4. Retaliation monitoring
Check back on the investigation to make sure everything is okay. Talk to the person who is making the claim to find out how they are doing, whether they are feeling comfortable returning to their job, and whether they require any assistance. Even if the accuser hasn’t reported it, keep an eye out for any signs that they have been the target of retaliation.
Human resources should proactively work to avoid quid pro quo harassment as well as handle charges of it when they arise. The following steps will do the trick:
Organizations that have strong anti-harassment policies in place show their commitment to providing a safe and respectful workplace for their employees by outlining how to address inappropriate behavior.
Using plain, straightforward wording will help guarantee that all employees fully grasp the policy. The following are some of the most important parts in implementing the policy:
To combat quid pro quo and other forms of harassment, it is essential to educate all employees. Discourage harassment and make sure everyone knows what it is and how the company deals with it.
Important aspects of anti-harassment training to keep in mind are:
Employees learn and remember more from training than from just reading a policy. When people can actively participate, it really makes a difference. Visual aids, such as videos and case studies, can be more effective than text alone in bringing concepts to life.
Additional content can be covered in separate training for supervisors. Examples include the dynamics of abusive power and authority and strategies for preventing the escalation of problematic conduct.
The likelihood of quid pro quo harassment occurring and continuing to occur is high if there is no clear and easily accessible method for reporting it.
Many victims of harassment are reluctant to come out for fear that no one will believe them or that the accused would get special treatment. Anyone dealing with harassment should be aware that HR is ready to handle the matter and has protocols to follow. Here are some things to keep in mind while reporting quid pro quo harassment:
Without complete employee awareness, the reporting process falls short. The anti-harassment policy and training, the employee handbook, and any other materials or posts pertaining to employees’ rights on the job should all prominently display this information.
In a perfect world, every workplace would be devoid of “quid pro quo” activity since no one would voluntarily engage in it. But the truth is that companies need to make an effort to foster an environment that does not approve of leaders abusing their positions of power.
The human resources department may play a role in fostering an environment free of harassment and discrimination by encouraging open dialogue about and support for employees’ safety and well-being. Possible approaches to this problem are:
Have a quick question? We answered nearly 2000 FAQs.
See all blogs: Business | Corporate | Employment Law
Most recent blogs:
Contact our attorney.