Employees in New York City have the right to work in a safe environment free from sexual harassment. Quid pro quo sexual harassment is a prohibited form of discrimination that occurs when an employee feels pressure to give in to sexual demands in exchange for favorable treatment in the workplace or to avoid unfavorable treatment. 

As a victim, you have legal rights and options for pursuing claims under the New York City Human Rights Law, empowering you to take a stand against such misconduct. The seasoned employment attorneys at Lipsky Lowe are ready to listen to your case and fight for justice and compensation on your behalf. Our legal team is adept at holding employers accountable for discriminating against employees through quid pro quo sexual harassment, ensuring you get the support you need. 

Sexual Harassment is Unlawful in New York

Sexual harassment is a form of unlawful sex discrimination under federal law, Title VII of the Civil Rights Act of 1964 (Title VII), as well as local and state laws, including the New York City Human Rights and New York State Human Rights laws.

Workplace sexual harassment can be defined as unwelcome sexual advances or conduct of a sexual nature that unreasonably interferes with the performance of an employee’s job or that creates an intimidating, hostile, or offensive work environment. There are two types of workplace sexual harassment: quid pro quo and hostile work environment.

While the focus of this article is quid pro quo harassment, you should know that a hostile work environment arises when an employee is subjected to a pattern of conduct, comments, or visual displays that are severe or pervasive enough to interfere with the victim’s ability to perform his or her job. This type of sexual harassment can affect men and women alike and may involve offensive conduct by supervisors and coworkers, as well as third parties (e.g., customers and vendors).

What Constitutes Quid Pro Quo Sexual Harassment?

Quid pro quo is a Latin term that translates as “something for something” or “this for that.” In an employment setting, quid pro quo sexual harassment involves an employer, particularly a person in a position of authority (e.g. a business owner, executive, manager, supervisor) making demands for sexual favors or sexual contact from an employee or a job candidate as a condition of employment.

In addition, quid pro quo sexual harassment may occur when such demands are made in exchange for an employment benefit, such as a raise, bonus, or promotion. Finally, an employer who takes an adverse employment action (terminating, demoting, reassigning) against an employee for complaining about sexual harassment may also be held liable for quid pro quo sexual harassment.

Examples of Quid Pro Quo Sexual Harassment in the Workplace?

When a person of authority makes demands of a sexual nature from a candidate or subordinate in exchange for getting or keeping a job or any benefit of employment, there may be grounds for a quid pro quo sexual harassment claim, even if there is only one instance of harassment. Some common examples of quid pro quo sexual harassment in the workplace include the following:

  • A manager offering a candidate a job in exchange for sexual favors or a date
  • A supervisor altering a performance evaluation based on the employee’s willingness to engage in sexual acts
  • An executive offering a raise or promotion to the employee in exchange for a sexual favor
  • An employer terminating an employee who refuses to comply with sexual demands or who files a sexual harassment complaint

Pursuing a Quid Pro Quo Claim Under the NYC Commission on Human Rights

Most employers in New York City, including employers with four or more employees must adhere to the New York City Human Rights Law (NYCHRL). The NYCHRL is one of the most innovative and protective laws in the country for employees. Many employees pursue claims through the New York City Commission instead of a state or federal agency because the City’s law is more favorable to employees. For the purposes of sexual harassment claims, the New York City Human Rights Law has been amended to apply to all employers in the city.

When pursuing a sexual harassment claim, you will need to show that you were subjected to unwelcome sexual conduct, specifically quid pro quo sexual harassment. You also need to show that your reaction to the request or demand for sexual favors or activity was used against you and negatively affected your employment. 

Specifically, you’ll need to show that a tangible employment action resulted from your refusal to submit to the demands. You and your attorney will need to provide important information such as the names, addresses, and phone numbers of the people or organizations you are claiming have gauged in prohibited quid pro quo sexual harassment. The commission has the authority to award several different types of damages to successful claimants, including:

  • Back pay
  • Front pay
  • Emotional Distress 
  • Compensatory Damages
  • Punitive damages
  • Attorneys’ fees and other legal costs

Contact a Quid Pro Quo Sexual Harassment in New York

Despite the growing awareness of quid pro quo sexual harassment in the workplace, it continues to harm New York City employees. If you’re a victim, you may be worried about your safety, future, and reputation. At Lipsky Lowe, we’re here to help. We’ll explain your legal rights during a complimentary case evaluation. Our experienced attorneys have a deep understanding of New York City, state, and federal employment laws, and we’re ready to fight for justice and compensation for victims of unlawful discrimination. Don’t wait – contact Lipsky Lowe to schedule your case evaluation today.