Discrimination2 min read

Boss Ties Your Job or Promotion to Sexual Favors? Quid Pro Quo Harassment Under Title VII

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Employee reviewing saved messages from a supervisor at a desk: Quid Pro Quo Sexual Harassment at Work

At a glance

Boss Ties Your Job or Promotion to Sexual Favors? Quid Pro Quo Harassment Under Title VII: key takeaways

A visual summary of this post's main points. Read the article for context and limits.

  • Key point 1

    Quid pro quo harassment happens when a supervisor ties a job benefit, or a threat of a job loss, to sexual conduct

  • Key point 2

    Under Title VII, an employer is generally responsible when a supervisor's harassment ends in a tangible job action such as a firing, demotion or denied promotion

  • Key point 3

    Saying no and then losing a shift, a raise or a job soon after can be evidence of the link, and so can the supervisor's own messages

Some supervisors do not harass openly. They hint that a better schedule, a raise or a promotion depends on going along with sexual advances, or that saying no could cost a job. The legal term is quid pro quo harassment, Latin for "this for that." It is a form of sex discrimination under federal law.

In this article
  1. What the Law Says
  2. Quid Pro Quo Versus a Hostile Work Environment
  3. Examples That May Qualify
  4. What to Save
  5. Reporting and Retaliation
  6. Deadlines
  7. Free Case Review

Key takeaways

  • Quid pro quo harassment happens when a supervisor ties a job benefit, or a threat of a job loss, to sexual conduct

  • Under Title VII, an employer is generally responsible when a supervisor's harassment ends in a tangible job action such as a firing, demotion or denied promotion

  • Saying no and then losing a shift, a raise or a job soon after can be evidence of the link, and so can the supervisor's own messages

  • Quid pro quo harassment does not require a pattern: a single demand backed by a job consequence can be enough

  • A charge with the EEOC generally must be filed within 180 days, extended to 300 days in many states

What the Law Says

Title VII of the Civil Rights Act bans sex discrimination in employment. The EEOC guideline at 29 CFR 1604.11 treats unwelcome sexual advances, requests for sexual favors and other sexual conduct as harassment when submitting to the conduct is made a term or condition of employment, or when an employee's response is used as the basis for job decisions affecting that employee. The EEOC page on sexual harassment and the text of Title VII explain the broader protection.

Quid Pro Quo Versus a Hostile Work Environment

A hostile work environment claim usually depends on conduct that is severe or pervasive. Quid pro quo harassment is different: the focus is a person with power over your job linking a work benefit or penalty to sexual conduct. Because a supervisor acts with the employer's authority, an employer is generally responsible when the harassment ends in a tangible employment action such as a firing, a demotion, a pay cut or a denied promotion. A single demand backed by a job consequence can be enough. Our guides on hostile work environment and proving sexual harassment cover the other routes.

Examples That May Qualify

  • A promotion offered for a date

    A manager says a promotion is yours if you spend time with them outside work.

  • A threat after you refuse

    A supervisor says your hours or your job are at risk unless you go along.

  • A sudden change after saying no

    Soon after you turn down advances, you lose shifts, get written up for the first time or are passed over.

  • A benefit given to someone else

    A coworker who accepted the advances receives the raise or assignment you were told you were in line for.

  • A hiring condition

    A hiring manager suggests a job offer depends on personal or sexual favors.

What to Save

Keep texts, direct messages, emails, voicemails and notes of what was said, with dates, times and witnesses. Write down the job action that followed and when it happened, since a short gap between refusing and losing a benefit can show the link. Keep performance reviews from before the refusal. Our guide on harassment evidence to save has a longer list. Check your state's rules on recording conversations before you record anyone.

Reporting and Retaliation

Reporting the conduct to human resources or a higher manager in writing creates a record. Retaliating against someone for reporting harassment or filing a charge is separately illegal, as our retaliation documentation checklist explains.

Deadlines

A charge with the EEOC generally must be filed within 180 days of the act, extended to 300 days where a state or local agency enforces a similar law. The EEOC page on filing a charge explains the process, and our guide on discrimination claim deadlines covers the time limits.

Free Case Review

Whether a supervisor's conduct meets the legal test depends on the facts and your state. Our team can review your situation at no cost, if you are eligible.

What is quid pro quo harassment?

It is when a person with power over your job ties a job benefit or a job loss to sexual conduct, which is sex discrimination under Title VII.

Does it have to happen more than once?

No. Unlike a hostile work environment claim, a single demand backed by a job consequence can be enough.

What if I said no and nothing happened?

Unwelcome advances can still be harassment under other theories, and a later job change after refusing can be evidence of retaliation.

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