WHAT IS QUID PRO QUO?

There are a lot of buzz words associated with various aspects of employment law that are just that; buzz words. However, the Latin Phrase “Quid Pro Quo” does have meaning in the context of sexual harassment. Quid pro quo means this for that. The concept is a sexual harasser expects the ability to sexually harass the victim in exchange for a discernible job benefit. Cases are best if the victim never yields. If there are questions about whether the conduct was consensual, the employee may argue it was forced while the employer argues surely there must have been consent if the behavior went on a long time. Alternatively, if the victim received job benefits such as more pay, lax hours, or an easier job in exchange for a sexual relationship that does not sympathetically play out in court for the alleged victim.

It is best if the employee never allowed sexual benefits in exchange for favorable job benefits. Perhaps there was touching a few times, the employee said no, and then their performance was criticized. Alternatively, the boss frequently brought the victim on sales calls which would further their career but stopped when the victim objected to sexual innuendos in the car.

Viable quid pro quo sexual harassment lawsuits generally involve an immediate supervisor or boss several levels up. If the conduct is from a coworker, it is harder to argue a coworker could influence the victim’s job let alone the employer knew which is required for coworker sexual harassment liability.

Outside of sexual harassment, or maybe harassment based upon national origin, ethnicity, or race quid pro quo may have limited meaning in the world of employment law.

Please let our sexual harassment attorneys evaluate whether you should sue for quid pro quo sexual harassment call 661-412-9600 

WHAT IS A HOSTILE WORK ENVIRONMENT?

Work environments that are sexually hostile are what is called, “Actionable” meaning an employee can sue. Workplaces permeated by sexual gestures, touching, critiques of one’s body in a sexual way, requests for sex, or dates are hostile work environments. Work environments can also be hostile due to a protected characteristic mostly commonly due to race, national origin, or ethnicity. Derogatory comments, jokes, and segregation due to these characteristics are unlawful.

Hostile coworkers who are quick to snap do not create a civil case. Bullying that does not involve bad conduct due to a protected characteristic also does not create a civil case. Exceptionally hostile work environments or bullying could create a work stress case in the workers compensation system. The conduct cannot be ordinary discipline. Name calling, yelling, and being generally unkind also does not qualify. Why lawyers are advertising their services for workplace bullying is unclear. Perhaps they are hoping to get calls about unrelated things.

WHAT IS THE EEOC

Our employment lawyers receive a lot of referrals from the EEOC. The EEOC may be more well known than the California Civil Rights Department which handles the same issues, but is much broader. As professional employee lawyers, we do not generally advise employees to go to the EEOC for a variety of reasons. The legal remedies available at the EEOC are less favorable, amongst the reasons.

Still, prior to filing an employment discrimination, harassment, or wrongful termination lawsuit due to losing a job over protected characteristics (age, disability, pregnancy, race, sex, sexual orientation and identification) employees in California have to exhaust their administrative remedies. If you hire our law firm we will exhaust administrative remedies for you. It is best that an experienced employment attorney exhaust your administrative remedies.

Exhausting administrative remedies means filling out certain forms and requesting a right-to-sue letter. There is a way to get an automatic right-to-sue letter from California’s Civil Rights Department. When exhausting administrative remedies, it is important to exhaust the right theories and not too many. Employees who overdo it and check too many different forms of discrimination based on too many different things will lose credibility in court. Rarely is the employer discriminating on multiple characteristics. It does, however, happen. Additionally, if the charge claims the employee was fired due to multiple characteristics such as age, race, and sex and the jury believes age was the only reason because the employee had the same gender and race the entire 15 years they were employed, considerable proof and money spent on the other two issues will take a lot of your time, your lawyers’ time, and money. Worse, a juror or judge might think you were throwing the kitchen sink at the situation, or were grasping at straws. Your lack of focus could translate onto the decision maker in your case. These are strategies and information only an experienced discrimination lawyer can advise you on

Call 661-412-9600 for an experienced employment discrimination lawyer. All we have done is represent employees since 1993. We are not the McDonalds of employment law. You will receive individualized attention by highly experienced employee lawyers. This is not how our competition behaves. Our results are different.