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What defines quid pro quo sexual harassment?

Doing something about workplace sexual harassment is not always easy, despite the laws that are in place to protect employees from it. Those accused usually deny it or say you misunderstood. Employers sometimes ignore it or take action against the victim rather than the perpetrator.

One way to do something about it is when the harassment is quid pro quo.

An exchange is offered

Quid pro quo comes down to there being an exchange, or the offer of one, involving something of a sexual nature. Some sexual harassment does not feature this – for example, if a colleague grabs your backside while you are walking down the corridor, or makes a lewd comment, that is not quid pro quo. It’s still sexual harassment, but there was no hint of an exchange.

Quid pro quo harassment is typically carried out by someone who has a level of authority that could benefit you — or at least that is what they imply, whether true or not.

An example would be if your line manager asks if you want the overtime that is available, then makes it clear that you will need to convince them to give it to you rather than one of the other workers by doing something of a sexual nature for them in return. That could be as innocent-sounding as going out for a date with them, or it could be something far more full-blown.

A quid pro quo claim can also be about not doing things. For example, they won’t report your error to the boss if you don’t tell anyone about how their hand is currently wandering across your body.

As we mentioned at the start, taking action against sexual harassment is not easy. Appropriate legal guidance can be invaluable in bringing a claim.

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