All workers have protections from unwanted and unsolicited sexual behavior under federal and local law. Sadly, these laws have proven necessary, as many workers face sexual harassment in the workplace regularly. Quid pro quo (a Latin phrase meaning “something for something” or “this for that”) sexual harassment is a common form of sexual harassment that pressures employees to engage in sexual behaviors or face employment consequences.
If you have a supervisor or manager pressuring you or someone you care about, NJ Employment Lawyers, LLC may be able to help you secure compensation. Contact our office today for a free consultation with a sexual harassment lawyer who cares.
What exactly qualifies as quid pro quo sexual harassment in New Jersey?
The term “quid pro quo” is used to refer to a specific type of sexual harassment. In the workplace, this form of harassment often involves bosses demanding sexual favors from their employees in return for benefits or to prevent negative consequences.
For example, a supervisor who demands sex in exchange for authorizing a promotion is committing quid pro quo sexual harassment: the promotion for sex.
However, demanding sex for favorable employment results is not the only way that quid pro quo might play out.
An employer may request sexual favors from an employee in exchange for not giving them a black mark on their file or outright firing them. In this case, the employee is being pressured to avoid a negative event rather than gain a benefit. Both actions are examples of quid pro quo sexual harassment in New Jersey.
Suing for Quid Pro Quo Sexual Harassment
As mentioned, federal and state laws protect workers from sexual harassment. Both allow for lawsuits to be filed when harassment occurs.
Successfully suing for quid pro quo sexual harassment requires you to demonstrate that you did not want or engage in sexual activity with the manager or supervisor. If a consensual relationship existed but has since ended, you must show that the relationship was actually over and not continuing even sporadically.
Once you can show this, you must also demonstrate that your supervisor denied you some benefit because you didn’t acquiesce to their demands or that you were penalized for refusing to engage in the behavior requested by your superior.
Available Damages
Damages are payments made in return for the losses victims of harassment suffer. You must prove the existence of these losses to claim compensation.
Generally speaking, the following damages are available for plaintiffs who successfully prove their allegations:
- Back pay
- Lost benefits
- Loss of future benefits
- Emotional distress
In some cases, punitive damages are also available.
Punitive damages aren’t the norm in sexual harassment cases. Their purpose is to punish wrongdoers by forcing them to pay penalties to the victims they’ve harmed. Punitive damages require additional strong evidence suggesting that the defendant acted willfully, wantonly, or maliciously.
It’s important to understand the extent and value of your damages when making a legal claim of any kind.
To fully understand exactly how much money you may be entitled to, it’s essential that you speak with an attorney experienced in sexual harassment cases. Your attorney will evaluate the details of your case and give you a clearer idea of what you stand to receive.
What to Do if You Experience Quid Pro Quo Sexual Harassment
Your safety is the most important consideration in these sorts of cases. Reporting incidents of sexual harassment to your employer can be an effective way of putting an end to them. However, it may not always work. In fact, it’s not uncommon for “he-said-she-said” situations to arise in the wake of a sexual harassment allegation.
To ensure that justice is done, you’ll want to document as many concrete details of your situation as possible. Write down the date of each occurrence, as well as the names of anyone else who was present when they happened.
You should also make it a point to save any communications you’ve received that showcase the quid pro quo behavior.
What is the statute of limitations for these sexual harassment claims?
The statute of limitations is the time limit that constrains how long one has to file a legal claim. If you’ve suffered quid pro quo sexual harassment, you have two years from the date of the most recent event to file your claim.
Keep in mind that continuing violations keep the clock running. For example, if you first began facing quid pro quo sexual harassment three years ago and the behavior is ongoing, the clock wouldn’t have started yet — it only begins counting down once the last act has been committed.
Regardless of whether the behavior is ongoing or has ceased, it’s important to seek the aid of an experienced attorney. Their knowledge will give you a firm idea of the merits of your case, and the resources they offer will prove instrumental should you decide to pursue a claim.
Contact Our New Jersey Quid Pro Quo Sexual Harassment Lawyer Today
NJ Employment Lawyers can help you explore your options for justice. Our seasoned employment lawyers serve clients throughout the New Jersey area. If you’ve been a victim of quid pro quo sexual harassment, it’s time to fight back. Contact our office today for a free consultation and case evaluation.