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Quid pro quo sexual harassment and how to prove it

On Behalf of | Feb 26, 2021 | Employment Law |

Sexual harassment is far too common in American workplaces. This is despite the fact that national attention has been focused on the issue for the last several years. The ramifications of sexual harassment can be severe, too. In addition to the embarrassment and humiliation that many sexual harassment victims feel, those who report the harassment can be subjected to retaliation that can include anything from demotion to reduced hours and even termination.

Quid pro quo sexual harassment

One common type of sexual harassment that is seen in the workplace is quid pro quo sexual harassment. This type of harassment can take two forms. In the first, beneficial employment actions, such as a raise or promotion, is offered in exchange for a sexual act. In the second form of quid pro quo sexual harassment, a worker is threatened with negative employment actions, such as demotion or termination, if he or she refuses to comply with a sexual request. Both kinds of harassment are wrong and justify legal action.

Proving quid pro quo sexual harassment

As with any harassment or discrimination case, you’ll need to build evidence to prove your quid pro quo sexual harassment case. By speaking with witnesses, printing out relevant documents that include your performance appraisals, and taking notes about what happened during the encounters in question, you may be able to show that you suffered a negative employment action based on sexual harassment.

If you successfully do so, then the burden falls on your employer to prove that it took negative employment action for a legitimate reason. This means that you’ll want to be prepared to defend your employment history and your work performance when pursuing one of these cases.

Stay on the attack

If you want a favorable outcome from an unacceptable situation like sexual harassment, then you’ll probably need to take legal action. By being trial ready, you can send a strong message to your employer that you mean business and can drive toward the resolution that is right for you. Legal professionals who are skilled in this area of law stand ready to aggressively pursue your claim.