All Kentucky employees have the right to a safe and healthy workplace environment. Federal and state laws protect you from sexual harassment at work, including quid pro quo sexual harassment.
The term quid pro quo comes from a Latin phrase meaning “something for something.” Quid pro quo sexual harassment occurs when a superior requests sexual favors in exchange for a benefit.
For example, if you apply for a promotion, and your boss offers you the promotion but only in exchange for a sexual favor, you have experienced quid pro quo sexual harassment.
If you are fired, demoted or do not get the promotion because you refused the sexual request, this is another illegal form of quid pro quo sexual harassment.
Forms of quid pro quo sexual harassment
There are various types of sexual harassment. Some are obvious while some are subtle.
The sexual request does not need to be an overt demand to engage in sexual behavior. More subtle forms of sexual harassment include making comments about your appearance, sending you sexually inappropriate messages or grabbing or touching your body.
If you tell your boss to stop the behavior and are then denied the promotion or are penalized in some other form, you could also be a victim of quid pro quo sexual harassment.
What to do if you experience quid pro quo sexual harassment
Here are some steps to take if you believe you are experiencing quid pro quo sexual harassment.
Tell the harasser no clearly and unambiguously. Leave no room for doubt that you reject their advances and harassment.
Make sure the harasser gets and understands your rejection. A sexual harasser may try to defend themselves by saying that you did not seem bothered by their conduct or that you never asked them to stop.
If their conduct is in writing, such as through text messages, save the messages. This is valuable evidence that can be used to prove that you told them to stop.
Document anything else you feel might be helpful. If the behavior is verbal statements and/or occurs in a private place where you have no written evidence, write down any details you can remember about the incident, such as where it took place, the date, time and what was said by both of you.
Save your documentation outside of work. Do not store it on a work computer or device. It is not unheard of for employers to intentionally delete incriminating documentation created by an employee.
Talk to your employer and follow your workplace policy
Tell your employer about the behavior. Who you tell depends on your workplace policy. If your workplace has a policy for reporting sexual harassment, follow the policy. If not, tell someone you trust and someone neutral, such as a human resources department.
If no action is taken, you will still have a record of reporting the harassment. This will help if you decide to make a formal compliant with a state or federal agency.
Quid pro quo sexual harassment is a violation of your rights as a Kentucky employee. There are legal options available you may want to explore.