Princeton Quid Pro Quo Sexual Harassment

Knowledgeable Lawyers Advocating for Employees in Princeton

Princeton is best known as the home of Princeton University, but other major employers in the area include Bristol-Myers Squibb, Campbell Soup Company, Capital Healthcare, Bloomberg Financial, Berlitz International, Dow Jones & Company, Hyatt Regency Hotel, Janssen Pharmaceuticals, Lockheed Martin, Merck, and McGraw Hill. When an employee in Princeton is subjected to harassment or discrimination, they should take legal action. Sexual harassment is one type of gender discrimination, and it is prohibited under federal and state laws. One type of sexual harassment is quid pro quo sexual harassment, which is Latin for "this for that." Generally, only managers, supervisors, or others with authority over employment decisions can perpetrate quid pro quo harassment. If you have been subjected to quid pro quo sexual harassment, you should consult the Princeton sexual harassment attorneys at Phillips & Associates.

Situations Involving Quid Pro Quo Sexual Harassment

Quid pro quo sexual harassment happens if: (1) submitting to harassing sexual behavior is implicitly or explicitly made a condition of employment, or (2) rejecting or submitting to sexual harassment is used as a basis for employment decisions that affect a worker. For example, if you observe that you need to comply with unwelcome sexual advances from your supervisor as part of your job, this is likely quid pro quo sexual harassment. For another example, if your boss explicitly asks you to give him oral sex if you want a promotion, this would also be quid pro quo sexual harassment. For yet another example, if your supervisor asks you to go on a date to avoid being fired, this would also be quid pro quo sexual harassment.

Many situations are subtle and do not involve an explicit statement of the exchange that a supervisor or manager wants to take place. Unwelcome sexual advances can be a basis for suing for quid pro quo sexual harassment if the request is not made explicit but is something that you understand is a condition of avoiding a negative employment decision. For example, in one case, a woman was punished for not having sex with a manager through receiving reduced hours. A New Jersey court found that this was a viable quid pro quo sexual harassment claim, even though he had not explicitly stated a desire to exchange sexual favors for continued employment.

Legal Claims Based on Quid Pro Quo Sexual Harassment

Quid pro quo sexual harassment can occur between people of different sexes or the same sex. Both the New Jersey Law Against Discrimination (NJLAD) and Title VII of the Civil Rights Act of 1964 cover quid pro quo sexual harassment in Princeton. However, in most cases, the NJLAD will provide more protection because it applies even to small employers, while Title VII only applies to employers that have a minimum of 15 employees. Moreover, the NJLAD provides express protection for groups defined by sexual orientation or gender identity or expression. For example, if you are transgender male, and your boss hinges continued employment on giving him a blowjob, you may have a basis to sue under the NJLAD for quid pro quo sexual harassment based on sex, sexual orientation, and gender identity.

To prove quid pro quo harassment under the NJLAD, your lawyer will need to show that you refused sexual overtures, and you were denied job benefits, such as a promotion, or were terminated or otherwise negatively treated. The employer then has the burden of showing that there was a valid reason for treating you negatively. If an employer can show a valid reason, you will need to prove that the valid reason was simply a pretext for sex discrimination. If you are able to establish quid pro quo harassment, you may be able to recover back pay, front pay or reinstatement, and emotional distress damages, among other forms of relief. It can be intimidating to come forward with your claim, but you should be aware that retaliation for engaging in good faith in a protected activity is prohibited under both the NJLAD and Title VII.

Contact an Experienced Sexual Harassment Lawyer in the Princeton Area

If you have faced quid pro quo sexual harassment on the job, the attorneys at Phillips & Associates are ready to offer aggressive, experienced representation. Contact us at (866) 229-9441 or via our online form for a free consultation about your potential claim.

PHILLIPS & ASSOCIATES
100 Overlook Center, 2nd Floor
Princeton, NJ 08540
Tel: (866) 229-9441