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How to Deal with Quid Pro Quo Harassment in the Workplace

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5 min read
Banner of quid pro quo harassment
Categories Legal & Finance

Every workplace has a code of conduct they enforce to prevent harassment from happening in the office. Although these guidelines are in place, companies unfortunately still face cases of harassment of all forms. Today, we will outline one specific form of sexual harassment which is called quid pro quo. In this article, we will define what quid pro quo harassment is, how to identify it in the workplace, it’s impact on employees and employers, how to handle cases of harassment in the workplace, and how to prevent it from occurring in the workplace. Read on to stay informed about quid pro quo harassment and understand how to best handle cases of harassment in your workplace. 

TABLE OF CONTENTS

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What is quid pro quo harassment?

What exactly is quid pro quo harassment? It is form of sexual harassment that typically involves a high-ranking employee promising their employees workplace advancements in exchange for sexual favors. By doing this, perpetrators are abusing their power and authority in the workplace to intimidate or persuade their employees into doing these favors. The most common exchanges are promotions, continued employment, or even a pardon for poor work or inappropriate behavior. In addition, perpetrators of quid pro quo can also punish their employees for rejecting their sexual advances by firing them or not considering them for raises. 

This is a serious issue and you should take immediate actions. This study found that 1 in 10 New Yorkers have experienced sexual harassment in the form of quid pro quo at their workplace. When harassment is not addressed it can lead to a negative shift in the workplace, making it hostile and unwelcoming. 

How to identify quid pro quo harassment in the workplace

It is important to be able to identify when quid pro quo harassment is occurring in the workplace. In some cases it is very apparent while other times it can be harder to detect. Some indicators can be seen through specific behaviors that managers or employees are engaged in. Although this is not an exhaustive list nor does it imply 100% of the time that there is foul play at hand, it is worth investigating if you see the following behaviors:

  • Managers or employees engaging in unwanted physical touch
  • Unexplained retaliation against an employee from their supervisor
  • Underperforming employees receiving promotions or being saved from a round of lay-offs
  • Rumors circulating around the office about a supervisor and their employee
  • Performance evaluation reviews are not reflective of the employees work

Cases of quid pro quo harassment in the workplace

As mentioned, every case varies and you must treat each case with the utmost caution. Because of the serious implications and potential legal consequences, it’s essential to approach these situations carefully and systematically. While you don’t want to misinterpret friendly situations at work, at the same time, you must be prepared to intervene and follow the appropriate HR protocols. Here are some realistic cases of quid pro quo harassment that could occur at a workplace. 

  • A supervisor promises an employee a raise or promotion if they go on a date with them. 
  • A manager doesn’t punish an employee in exchange that they dress in a specific way. 
  • An employee is denied raises or time off requests as a result of denying advances from their superior. 
  • An employee is only granted a schedule change if they give their supervisor a massage. 

What is not considered quid pro quo harassment

When there isn’t an exchange of favors from both ends then it may not be considered quid pro quo and could be considered another form of sexual harassment. Here are some circumstances that aren’t considered as quid pro quo harassment: 

  • Any form of sexual harassment that doesn’t involve both parties “offering” something.
  • Consensual romantic relationships between a supervisor and their employee that don’t impact their employment relationship.
  • A non-sexual quid pro quo transaction. For example, exchanging stocks to receive employment benefits. 

Impact of quid pro quo harassment cases in the workplace

Cases of harassment negatively impacts both the employee and the employer. The victim of the harassment can experience severe emotional distress and feel unsafe at work. It could result in disengagement or resignation. For the employer, it could mean legal action against the company if there are any indications that the employer tolerated unethical behavior. The company could face a decline in their reputation as well as setting the wrong tone for their workplace culture where inappropriate behavior is acceptable. You could be sending a message to your employees that reporting won’t make a difference. Ultimately, creating a hostile and unsafe work environment.

As an employer, it is your responsibility to foster a workplace that has a zero tolerance policy towards any forms of harassment. Companies can find themselves facing legal consequences, financial penalties, and negative PR. In some cases, it could even alter their profit or cause their employees to protest and strike against their employer. 

While on the other hand, employees have the right to exercise their rights and uphold their personal integrity. They can hold their employer accountable to enforce and uphold a zero tolerance policy against quid pro quo harassment. In addition, employees should know how to take legal action if needed when they are put in a situation where they are a victim of harassment. 

How to deal with quid pro quo harassment

Dealing with cases of quid pro quo harassment are necessary to maintain a professional workplace. When you don’t address harassment cases or simply sweep them under the rug, you harm both the victim and the organization. Everyone involved should handle all allegations with the sensitivity they deserve and in a timely manner. You must treat all accusations carefully and seriously. 

Investigation

The first step when handling a quid pro quo harassment report is to thoroughly investigate the accusation. This means conducting a methodical HR investigation to find evidence and come to a conclusion of what took place. As the investigator, you must look at this case objectively and you cannot make decisions on external factors, only what the evidence is concluding. You may want to consider having a third party conduct or assist with the investigation. 

Provide support

It is very brave when a victim comes forward. It takes a lot of courage and could potentially trigger them into reliving their experiences. Provide them with support and resources to help them navigate this difficult situation. In addition, be aware of the consequences that could occur from other employees or supervisors in the workplace after an accusation has been made. It could isolate the victim further. Listen to the victim and try not to draw any attention to them. As an employer, you have the ability to provide them some flexibility such as taking time off, working from home, wtc. 

Discipline

You must hold the offender accountable. This could be in the form of putting them on a corrective action plan, writing them up, suspending them without pay, or terminating their contract with the company. The company must act accordingly to the severity of the offense and discipline the offender with the appropriate actions. Provide training with your current staff to prevent more cases from occurring. Document all discipline and ensure it is consistent throughout the company. 

Follow-up

Be on alert to ensure they are not suffering from retaliation in the workplace. Ensure the victim is doing well and they have adequate support by following up with them. Provide or connect them with the proper resources that are available to them either provided by the company or an external organization. 

Review protocols

Ensure that you have the proper protocol in place and determine if it needs to be updated. Be very clear on workplace guidelines and hold training sessions if needed. Everyone in the organization must understand the protocols to ensure total compliance. 

Preventing quid pro quo harassment

HR plays a big part in the office culture and workplace environment. HR managers and specialists will want to take preventative measures to avoid any cases. Here are some actions that companies can take:

  • Enforce anti-harassment policies
  • Hold sexual harassment training sessions
  • Provide a secure and confidential way to report incidents
  • Maintain a positive workplace atmosphere
  • Assign specific leaders to enforce the anti-harassment policies and to police the workplace

Mailan Pham-Ada
Did you like this article? Mailan specializes in creating content that is accessible and easy to digest. Check out Factorial's blog for more of her posts on time management in the office, productivity, and HR news.

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