Sexual harassment in the workplace happens more often than most of us care to admit. You can face many kinds, but quid pro quo is especially egregious due to the inherent power imbalance. At Gutierrez Law Firm, our Oxnard sexual harassment attorney adamantly believes that California workers deserve to acquire promotions or adverse employment action based on their work performance, not with the requirement of sexual favors.
How is Quid Pro Quo Sexual Harassment Different than Others
California workers face many kinds of sexual harassment, all of which are defined as unwanted sexual advances. This may be through comments, jokes, images, or action. However, quid-pro-quo sexual harassment specifically requires a power imbalance where one party provides a benefit of some kind in exchange for unwanted sexual conduct. Examples of this can include:
- A supervisor who threatens to punish, demote, or terminate you unless you engage in this unwanted sexual behavior
- Withholding or denying a promotion unless you engage in this unwanted sexual behavior. This may be a position you have otherwise earned or used unexpectedly as leverage to get you to comply
- A supervisor who suggests you may receive a raise or positive performance review if you engage in a sexual act
The defining factor of quid pro quo harassment from general acts of sexual harassment is that you are required to engage in a sexual act or otherwise tolerate advances in exchange for professional consideration.
Steps to Take if You Encounter Quid Pro Quo Sexual Harassment
As a worker in Oxnard, you may be unsure of how to proceed if you face sexual harassment of any kind. This can be particularly anxiety-provoking when the person you complain about can have control over your job. However, you can take steps to protect yourself against retaliation or further issues. If you decide to involve an attorney, they may advise you on these things.
Know Your Company Policy
In most situations, a court and attorneys from the other party will want to see that you followed procedure. If you do not follow the appropriate reporting procedure, this doesn’t waive your right to compensation, but it may provide room to question whether your employer had an adequate chance to correct the issue before you took legal action.
Documentation
Documentation is a critical piece of any Quid Pro Quo sexual harassment case. You can ensure thorough documentation by taking notes yourself, documenting the date and time of the incident, along with a summary of what happened. You may also choose to follow up with phone conversations through e-mail with a summary, providing them an option to clarify any misunderstandings in writing.
Additionally, you may benefit from making any formal complaints in writing. This may include a supervisor or your human resources department. If your case escalates and you must file a lawsuit, the evidence that you took the appropriate steps to resolve the issue, along with your employer’s failure to act, can be integral to your success.
Call a San Francisco Sexual Harassment Attorney Today
You may benefit from consulting an attorney at any point in your situation. If you are concerned about retaliation after reporting your concerns to a supervisor or HR, knowing you have legal support can impact your experience. However, an attorney is often most helpful once you have followed your company’s policy and their failure to resolve the issue is evident.