There are two primary types of workplace sexual harassment: hostile work environment and quid pro quo. Both can be distressing and damaging to your mental health, physical well-being and career. If you believe you are a victim of quid pro quo sexual harassment at work in Kansas, you have rights. Explore them with assistance from an experienced Kansas workplace sexual harassment attorney.
Defining Quid Pro Quo Sexual Harassment
Quid pro quo is a Latin phrase that literally translates to “something for something.” It is also often interpreted as “this for that” in sexual harassment law. In general, it is a type of sexual harassment where the perpetrator requests sexual favors in exchange for something else. A supervisor may offer a subordinate a raise or promotion, for example, in exchange for saying yes to a date or sexual activity.
Quid pro quo sexual harassment in the workplace can refer to any employment decision that is based on the employee’s submission to or rejection of sexual advances. If a perpetrator at work expresses interest or requests or demands sexual favors in exchange for some employment-related benefit, it is quid pro quo harassment. This type of sexual harassment can also involve express or implied threats of adverse employment action against the employee if the victim refuses to comply with the request.
Under Title VII of the Civil Rights Act, quid pro quo is one of the two types of prohibited workplace harassment. The other is a hostile work environment. A hostile work environment is one where sexual harassment or discrimination is so severe or persistent that it creates a workplace where employees feel uncomfortable, unsafe or intimidated. Hostile work environment claims typically involve a pattern of unwelcome conduct rather than an isolated incident.What Is Needed to File a Quid Pro Quo Sexual Harassment Claim?
If you experience quid pro quo sexual harassment at work in Kansas, you have the right to take legal action. You may have grounds to bring a claim against the perpetrator as well as your employer for failing to protect you from workplace sexual harassment. Evidence of the following elements is generally necessary to file this type of harassment claim:
- You were an employee, job applicant, subordinate or otherwise worked for the accused.
- The person who harassed you was someone in a managerial or supervisory position at the company.
- The harasser engaged in sexually inappropriate conduct or behaviors against you.
- Your position at work or potential employment advantages were contingent upon accepting the sexual advances.
- Your acceptance or rejection of the sexual requests influenced an employment decision.
- You were harmed as a result of the harasser’s actions.
In essence, you or your lawyer must prove that you were sexually harassed and that this resulted in action taken against you at your job, such as not getting promoted or being fired. Note that even if you consented to engage in inappropriate sexual conduct with your employer, you are still eligible to submit a claim.
What Damages Can Be Recovered in Kansas?
A successful quid pro quo sexual harassment lawsuit in Kansas could result in financial compensation for various losses associated with the incident. You could seek compensation for both economic and noneconomic damages. These may include your pain and suffering, emotional distress, psychological trauma, lost wages, lost employment benefits, and missed job opportunities. In extreme situations, punitive damages may also be awarded to punish the defendant.
Don’t Wait – Act Now to Defend Your Rights
In most cases, a quid pro quo sexual harassment complaint must be filed with the Equal Employment Opportunity Commission within just 180 days. From there, you may be able to pursue financial compensation through a lawsuit with assistance from an attorney. To find out if you have grounds for this type of claim in Kansas, contact DRZ Law for a free and confidential consultation with a lawyer.