Reinstating the 2020 Title IX Rule Amid Legal Shifts
Harassment prevention
One particularly insidious form of harassment is quid pro quo harassment — a manipulative abuse of power that demands special attention from employers.
Sexual harassment is a serious issue that can undermine employee well-being, disrupt workplace culture and expose organizations to costly legal consequences. One particularly insidious form of harassment is quid pro quo harassment — a manipulative abuse of power that demands special attention from employers.
Harassment is unwelcome conduct that becomes unlawful when enduring it becomes a condition of continued employment or the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile or abusive.
“Quid pro quo” translates to “this for that.” In the context of workplace harassment, this occurs when a person in a position of authority offers to grant or withhold a job benefit — such as a promotion, favorable assignment or raise — in exchange for sexual favors. Conversely, quid pro quo harassment may also involve threats of demotion, termination or other adverse actions if such demands are refused.
For example, a manager who tells an employee, “If you go out with me, I’ll make sure you get that promotion,” is engaging in quid pro quo harassment.
This type of harassment always involves someone in a position of power, such as a supervisor, manager or executive exploiting their authority. Unlike a hostile work environment claim, which typically requires ongoing behavior, quid pro quo harassment directly ties employment outcomes to the victim’s response to sexual demands. Notably, a single incident of quid pro quo harassment may be enough to warrant legal action.
Quid pro quo harassment can take various forms:
Under Title VII of the Civil Rights Act of 1964, employers have a legal obligation to protect employees from sexual harassment, including quid pro quo incidents. Employers are often automatically liable if a supervisor’s quid pro quo behavior results in a tangible employment action against the victim — even if no formal complaint was made beforehand.
Failing to address such behavior can expose organizations to lawsuits, reputational damage and significant financial penalties. Defending against a harassment claim can cost employers between $100,000 and $150,000 on average, even if the case doesn’t result in a settlement or judgment. In fiscal year 2023, the Equal Employment Opportunity Commission (EEOC) reported a 50% increase in harassment-related lawsuits, recovering nearly $9.8 million for victims of harassment.
By implementing strong policies, investing in ongoing training and encouraging employees to speak up, organizations can create safer workplaces. Follow these 6 steps to prevent, report and address quid pro quo harassment.
Traliant’s Preventing Workplace Harassment training equips employees and managers with real-life scenarios and actionable strategies to identify, prevent and report quid pro quo harassment effectively. Created with the oversight of our in-house team of legal experts and continuously updated, the training is 50 state compliant, complies with Trump’s executive orders on sex and gender identity and is tailored to various industries and global locations.