Quid Pro Quo Harassment: What It Is and How To Address & Prevent It
Quid pro quo harassment is a form of workplace sexual harassment that employers cannot turn a blind eye to. HR must work to prevent it and be prepared to take immediate steps if it does occur.
This article covers what quid pro quo harassment is and what HR can do about it.
What is quid pro quo harassment?Examples of quid pro quo harassment in the workplaceWhat is not considered quid pro quo harassmentThe impact of unaddressed quid pro quo harassmentHow to address quid pro quo harassment
How HR can prevent quid pro quo harassment
What is quid pro quo harassment?
“quid pro quo” is Latin for “something given or received for something else” and can refer to many different reciprocal circumstances. However, in the workplace context, quid pro quo designates sexual harassment.
Quid pro quo harassment occurs when an authority figure uses their position of power to pursue sexual contact with an employee by offering them an employment advantage, job stability, or a pardon from consequences in return. It can also describe instances of retaliation where an employee loses out on employment opportunities or suffers consequences for rejecting sexual advances from an authority figure.
Quid pro quo harassment is not uncommon in the workplace. Social scientist Dacher Keltner explained that powerful people could sometimes develop an empathy deficit. In these cases, a person doesn’t read others’ emotions or consider their perspectives, which can lead to impulsive, inappropriate behavior.
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The responsibility for dealing with quid pro quo harassment falls on HR. HR must be prepared with a system of policies and procedures to prevent and address it if it does occur. HR should also take a central role in creating a safe work environment and promoting a company culture that doesn’t tolerate abusive behavior.
Examples of quid pro quo harassment in the workplace
Quid pro quo sexual harassment occurs in the workplace in various forms. Here are some examples of what it may look like:
- A supervisor asks an employee out to dinner and mentions a potential promotion or pay raise discussion.
- A supervisor tells an employee they should dress provocatively or be “sexier” if they want to keep their job.
- A supervisor grants an employee’s request for time off by implying that they must “earn it” inappropriately.
- A supervisor denies an employee a promotion for rejecting their sexual advances.
- A hiring manager flirts with a job candidate and suggests that the advances must be accepted to gain employment.
- A supervisor threatens to reduce an employee’s hours or give them undesirable work if they don’t participate in a sexual relationship.
- A supervisor asks an employee for a back rub and proposes a more desirable work schedule for them.
Quid pro quo harassment can happen in both straightforward and subtle ways. Some dialogue and conduct are outright harassment, while other situations are generated from sexual innuendo. Savvy harassers know that if they merely hint at their intentions, they can claim that their words or actions were misinterpreted.
Behavior warning signs
HR needs to recognize quid pro quo harassment conduct, even when it’s not being reported. Although they aren’t necessarily proof of wrongdoing, certain behaviors can be warning signs.
Keep an eye out for certain scenarios, such as:
- A display of unwanted physical contact.
- A sudden and unwarranted retaliatory action against an employee.
- A promotion is granted without merit.
- A low-performing employee survives a layoff.
- A close relationship between a supervisor and subordinate is sparking rumors.
- A supervisor is excessively protective of one employee.
- A performance evaluation or pay raise that doesn’t correlate with an employee’s output.
What is not considered quid pro quo harassment
Quid pro quo is not a blanket term for all harassment or workplace sexual relationships. Although other incidents may still be unethical or illegal, it’s important to distinguish what shouldn’t be classified as quid pro quo sexual harassment.
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These circumstances would not be labeled as quid pro quo sexual harassment:
- Sexual harassment that does not involve a “this for that” element. (Other types of sexual harassment are likely to fall under the “hostile work environment” umbrella.)
- A consensual romantic relationship between colleagues who are not in a supervisor-subordinate association.
- A consensual romantic relationship between superior and subordinate that doesn’t impact the employment relationship.
- A non-sexual quid pro quo transaction. For example, exchanging money for an employment benefit or to avoid consequences.
The impact of unaddressed quid pro quo harassment
Quid pro quo harassment cannot be taken lightly because it harms both the employee and the organization. It can escalate and lead to other problems if allowed to go on.
The person who is the target of harassment suffers the psychological impact of feeling powerless and unsafe at work. This emotional distress can affect their job performance, cause them to miss work, or even resign.
Employees who experience quid pro quo harassment can also take legal action against an employer that tolerates the behavior. This leaves the organization facing a costly legal battle and potential reputation damage.
When an organization does not address misconduct, it sets the tone for a culture where inappropriate behavior is acceptable. This can prompt other harassment attempts, even happening openly, with no fear of admonishment. Witnesses to the conduct will believe that reporting it won’t make a difference. This creates a negative, unsafe work environment where employees think they have no voice.
How to address quid pro quo harassment
All accusations of quid pro quo harassment must be taken very seriously. These situations are complex, especially if the accused is a high-ranking or well-respected leader. Therefore, they must be treated carefully and methodically.
Outlined below are important factors about handling quid pro quo harassment allegations in the workplace:
Investigating all reports of harassment in a timely and thorough manner
These situations must be made a top priority as soon as they are discovered. Conduct a full HR investigation to draw a reasonable conclusion about what happened by evaluating all the evidence.
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It’s important to remain objective about both parties. Don’t judge either’s credibility based on their reputation. This may require bringing in a neutral third party to conduct or assist with the investigation.
Providing support and resources to the victim(s) of harassment
Treat the victim with the utmost respect. Help them feel safe sharing their experience by listening intently and assuring confidentiality.
Do what it takes to protect the employee from further harassment. However, don’t do anything that makes the employee uncomfortable or calls attention to them. For instance, transferring them to another department against their wishes to separate them from the offender.
Make mental health support options available and offer to accommodate other needs they may have, such as paid time off. Be sure to take the necessary steps to remedy any consequences the employee suffered in the context of the harassment.
Disciplining the harasser(s) appropriately and consistently
In accordance with company policy and applicable laws, hold the offending employee accountable. Corrective action could mean a warning, suspension, or termination, depending on the severity of the behavior. It could also involve training and mentoring sessions to ensure the harassing behavior won’t be repeated.
No matter where the person ranks in the organization, discipline must be thoroughly documented and consistently applied in every situation.
Monitoring for retaliation
Follow up on the investigation to ensure the situation has been fully resolved. Check in with the claiming employee to see how they are doing, if they feel settled back into their job, and if they need further support. Be alert for any indications that the accuser has been retaliated against, even if they haven’t reported it.
How HR can prevent quid pro quo harassment
In addition to handling quid pro quo harassment allegations, HR should also take a proactive role in preventing it from happening. This can be accomplished with the following actions:
1. Create an anti-harassment policy
A comprehensive anti-harassment policy provides the structure for confronting unacceptable behavior and indicates that the organization strives to support employees with a safe and respectful work environment.
To ensure that all employees thoroughly understand the policy, it should be written in simple, direct language. Some of the essential elements of putting the policy in place include:
- Providing a thorough definition of harassment, including quid pro quo, and explain what conduct is prohibited.
- Outlining the consequences sanctioned for harassment.
- Declaring that swift and appropriate disciplinary action will be taken against harassment.
- Establishing which behaviors can lead to harassment and will not be tolerated.
- Explaining the rights and responsibilities employees have in reporting harassment, including protection from retaliation.
- Ensuring wide circulation and clear communication of the policy.
2. Conduct training with employees and managers
Educating all staff on quid pro quo and other types of harassment is a crucial component of preventing it. The goal is to communicate what harassment is and how the organization addresses it, as well as discourage it from happening.
Anti-harassment training elements to consider include:
- The importance of a safe workplace and the organization’s commitment to it.
- Stating what the anti-harassment policy says.
- Defining what harassment is and examples of how it may happen in the workplace.
- The ramifications for harassing others.
- Behaviors that can be interpreted as threatening.
- The protections offered to harassment victims.
- How to respond to harassment and the process for reporting it.
Training helps employees absorb and retain the information better than just reading a policy. It is especially effective when it’s interactive. Videos and case examples can make the situations come alive and will be more influential than written content.
Separate training for supervisors can cover additional material. For example, the dynamics of how power and authority can turn into abuse or ways to confront undesirable behavior before it escalates.
3. Enabling reporting of quid pro quo harassment
Without a clear and accessible process for reporting quid pro quo harassment, it will likely happen and continue.
Many people are apprehensive about disclosing harassment because they fear they won’t be believed or the accused will be protected. Those who experience harassment need to know that HR has prepared for this situation and has procedures in place to guide them through it.
A quid pro quo harassment reporting process should include:
- A statement that reporting inappropriate behavior is encouraged and comes with support.
- An explanation of the employees’ rights and protections.
- Assurance that confidentiality will be maintained to every extent possible.
- Investigations will be prompt, thorough, and impartial.
- All the avenues for initiating a complaint. (Consider whether an anonymous method is possible.)
- A complete description of all the steps of the process.
- Assurance that there will be no retaliation or consequences for making a complaint.
The reporting process is inadequate unless employees are fully aware of it. Be sure it’s widely communicated in your anti-harassment policy and training, is included in the employee handbook, and made available with the other employment rights postings and resources.
4. Creating a positive, supportive company culture
Ideally, every workplace would be free of quid pro quo behavior because no one would choose to engage in it. In reality, however, employers have to work at creating the kind of culture that doesn’t tolerate the abuse of authority.
HR can help promote a positive, supportive company culture that discourages harassment and where safety and well-being are openly discussed and reinforced. Ways to do this include:
- Establishing high expectations for attitudes and how people treat each other to promote positive behaviors. Challenge top leadership to model it.
- Clearly defining unacceptable conduct by specifically naming the provocative behavior that is not welcome in the company culture. For example, jokes and physical gestures of a sexual nature or the distribution or display of sexually suggestive materials.
- Maintaining a consistent reporting and investigation process that employees trust and see as effective.
- Communicating the consequences for unacceptable behavior and holding everyone, including management, accountable for their actions.
- Encouraging open communication and providing ongoing training on discrimination and harassment issues.
- Routinely reviewing and updating anti-harassment policies and reporting procedures for relevancy.
- Quid pro quo harassment takes place when a person tries to engage in sexual contact with an employee under their authority by offering something in return.
- HR must address quid pro quo harassment: All allegations must be taken seriously and investigated thoroughly. Those bringing the allegations must be supported and protected from retaliation. There must be discipline for harassing behavior, and it must be applied consistently.
- HR must work to prevent quid pro quo harassment: Anti-harassment policies and procedures must be formulated, communicated, and followed to put a reporting process in place and create a safe and supportive work culture.
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Quid pro quo harassment is a form of workplace discrimination that occurs when an employer or supervisor makes job benefits contingent upon an employee's submission to unwelcome sexual advances. It can be either explicit or implicit threats, but in either case, it's illegal and should not be tolerated.How can quid pro quo harassment be prevented? ›
Regular training, creating a confidential and accessible process for employees to report harassment, and taking disciplinary action as necessary are all key steps that can be taken to prevent quid pro quo harassment in the workplace.What is quid quo pro harassment? ›
For sex discrimination purposes, quid pro quo is a type of sexual harassment under Title IX. Quid pro quo sexual harassment arises when a subordinate suffers a tangible adverse action as a result of the subordinate's refusal to submit to a higher-up's sexual demands.How do you deal with quid pro quo? ›
The first step to take after experiencing quid pro quo sexual harassment is to report your supervisor to your employer's human resources department. It is possible your report could result in an investigation into your supervisor's behavior, as well as their discipline.How can you prevent or avoid this harassment? ›
- Informing employees that harassment is prohibited;
- Identifying who employees should contact to discuss harassment questions or concerns;
- Assuring employees that they will not be punished for asking questions or sharing their concerns;
When a supervisor in a position to influence a subordinate's employment status offers job perks in exchange for sexual favors, it is quid pro quo sexual harassment. Examples include offering a raise, better work hours, a promotion, a favorable transfer, or workplace perks like cars and vacations.What is an example of a quid pro quo? ›
What Is an Example of Quid Pro Quo? There are many examples of quid pro quo, from bartering arrangements to gift giving. An example of an illegal quid pro quo would be a case of sexual harassment, where work outcomes or compensation are linked to sexual favors.What are the three elements of quid pro quo harassment? ›
- That he or she was an employee or applicant of the defendant driver.
- That the harasser was an employee or agent in a supervisory role of the company.
- That the harasser made unwanted sexual advances or engaged in other physical or verbal conduct that was sexual and unwanted.
A common example of a quid pro quo sexual harassment scenario involves an employee being considered for a promotion and a manager either directly saying (or suggesting) that the employee will have a better chance of securing the promotion if she or he agrees to engage in any type of intimate behavior with said manager.What are the effects of quid pro quo harassment? ›
Quid pro quo harassment can have a lasting and damaging impact on the workplace. It creates an environment of fear, intimidation, and mistrust and has long-term impacts on both the victim and perpetrator of the harassment.
While various forms of sexual harassment can be committed by anyone, including co-workers, clients, contractors, and supervisors, quid pro quo sexual harassment can only be committed by a person who has a supervisory position over the employee. This can mean a direct supervisor, or even the company's CEO.What are four strategies you can use to stop harassment? ›
- Adopt a Sexual Harassment Policy.
- Train Your Organization.
- Take All Complaints Seriously.
- Monitor Your Workplace.
To get someone to stop harassing you, you can start with a cease and desist harassment letter. If you are not in immediate danger, send the person a cease and desist letter and keep copies for yourself.What can I say to stop harassment? ›
Look them in the eye and denounce their behavior with a strong, clear voice. Many people prefer to name the behavior. For example, you can say, “Do not [whatever they're doing]; that's harassment.” You can also simply say “that is not okay” or “don't speak to me like that.” Say what feels natural to you.How do you know if you are quid pro quo harassment? ›
In most cases, quid pro quo sexual harassment occurs when a supervisor seeks sexual favors from a worker in return for some type of job benefit — such as a raise, better hours, promotion, etc. — or to avoid some type of detriment like a pay cut, demotion, poor performance review, etc.What is the difference between quid pro quo and harassment? ›
Quid pro quo is always deliberately performed by an authority figure. Hostile environment harassment is sexual harassment that happens when a person's companions frequently engage in sexual discussions, commit sexual acts, or display sexual images.What best describes quid pro quo? ›
The Latin term quid pro quo translates to "something for something." Quid pro quo harassment occurs in the workplace when a manager or other authority figure offers or merely hints that they will give the employee something (a raise or a promotion) in return for that employee's satisfaction with a sexual demand.Which of the following best describes quid pro quo? ›
“Quid pro quo” literally means “this for that” in Latin. Quid pro quo sexual harassment occurs when employment, pay, benefits, title, position or other opportunities for advancement or training are conditioned on the submission to unwelcome sexual advances. Whether the harassment is explicit or implicit, it is illegal.Who can engage in quid pro quo harassment? ›
Only individuals with supervisory authority over a worker can engage in quid pro quo harassment, since it requires the harasser to have the authority to grant or withhold job benefits. >> How is sexual harassment defined?Is quid pro quo harassment a serious offense? ›
Quid pro quo harassment is viewed in some cases as employers or managers abusing their power. It is prohibited as a form of sex discrimination, a violation of labor or tort law, and as a matter of criminal law.
In all, 31.1 percent of women and 18.9 percent of men reported quid pro quo sexual harassment or sexual harassment creating a hostile work environment, amounting to 3.9 million people statewide.What do the majority of quid pro quo incidents involve? ›
Generally, quid pro quo harassment in California involves an employer offering a work benefit in exchange for sexual favors.Is quid pro quo manipulation? ›
Quid pro quo attacks are based on manipulation and abuse of trust. As such, they fall into the category of social engineering techniques, such as phishing attacks (including spear phishing and whaling attacks), baiting or pretexting.What are the 5 D's to stop harassment? ›
Hollaback's "5 D's" (Direct, Distract, Delay, Delegate, Document) are different methods that bystanders can use to support someone who is being harassed, emphasize that harassment is not okay, and demonstrate to people in your life that they too have the power to make our communities and workplaces safer.What is generally the first step for someone experiencing harassment? ›
Confront the Harasser.
The first step is likely the most difficult. If you feel safe, you should confront the person who has been harassing you about their behavior. In some cases, people don't realize that they are behaving offensively. Talking to the person who is harassing you might be enough to resolve the problem.
The WHEN matters
Acting promptly means two things: 1) immediately notifying HR about the complaint so an investigation can begin and 2) taking action to stop any further alleged harassment from occurring by separating the parties.
Keep in mind that harassment of any kind is illegal and includes in person, over the phone, via text messages, through social media, or any other method. Some laws are in place about cyberbullying that are designed to protect the public from this happening.What is it called when someone keeps harassing you? ›
A “credible threat of violence” includes following or stalking someone or making harassing calls or sending harassing messages (by phone, mail, or e-mail) over a period of time (even if it is a short time). Read about the law in Code of Civil Procedure section 527.6 .What is a letter to tell someone to stop contacting you? ›
A cease and desist letter is a document you use to tell another party to stop something. Often, these letters are sent to stop harassment but are also used in cases of copyright infringement and other issues. An individual or company can issue a cease and desist letter.Why does harassment occur? ›
Bullying and harassment may occur because of underlying problems in the workplace such as: poor job design and work relationships. lack of accountability. the existence of a particular culture at work.
I remember that rehearsal differently, but what's important is the impact it had on you and you felt violated by my actions, and for that I apologize. I have tremendous respect for your work for the USO and I am ashamed that my actions ruined that experience for you. I am so sorry.What is quid pro quo harassment quizlet? ›
Quid pro quo sexual harassment. Sexual harassment in which the harasser request sexual activity from the harassee in exchange for workplace benefits.Is quid pro quo harassment illegal but hostile? ›
Quid pro quo harassment is always deliberate, while hostile work environment harassment can be deliberate or indeliberate. Authority figures or superior individuals in an organization or corporation mostly perform quid pro quo harassment.How do you politely tell someone to stop harassing you? ›
Here are some ways to say no to a harasser:
- I feel threatened when you yell at me.
- Don't touch my leg.
- Your texts are making me feel uncomfortable.
- Your attention is unwanted.
File a complaint with the local police. They will issue a no-contact order. If the contact is in another state, copies of the order will be sent to the local police jurisdiction. I would suggest that you put a block on your phone and email prior to requesting assistance with law enforcement.