employment law · claim
Quid pro quo harassment is a form of sex-based discrimination where an employee is subjected to unwelcome sexual conduct in exchange for employment benefits. It typically involves a supervisor requesting sexual favors in return for promotions, raises, or continued employment.
The conduct must be unwelcome, meaning the victim did not invite or solicit it.
What to prove: The victim must show that the conduct was uninvited and unwanted.
The harassment must be linked directly to a tangible job benefit.
What to prove: There must be a clear connection between the unwelcome conduct and the promise or denial of a job benefit.
The perpetrator must hold a position of power over the victim, such as being a supervisor.
What to prove: It must be established that the perpetrator had authority to affect the victim's employment status.
The burden of proof rests with the employee (plaintiff), requiring a preponderance of the evidence standard.
Expect questions that require you to identify the elements and apply them to fact patterns involving employer-employee relationships. Pay close attention to power dynamics and tangible job benefits.