What is Quid Pro Quo Sexual Harassment in New Jersey?

quid-pro-quo-sexual-harassment

The American workplace should be the ultimate meritocracy. Therefore, performance should be the basis for job security, placement, and advancement.

Sadly, that is not always the case. Quid pro quo sexual harassment in the workplace remains a pervasive problem in New Jersey.

The culture of the American workplace tolerated quid pro quo sexual harassment, among other forms of discrimination, for decades. The tide has finally turned, and discrimination at work is no longer tolerable.

If you are ready to fight for your rights and hold your employer responsible for quid pro quo sexual harassment and discrimination at your job, you need tough, experienced, and dedicated New Jersey sexual harassment lawyers to fight for you.  

What Is Quid Pro Quo Sexual Harassment in New Jersey?

Quid pro quo in Latin means “this for that.” In the sexual harassment context, quid pro quo sexual harassment can be committed by your employer, superior, boss, or someone else with power to affect whether you receive certain employment advantages.

Quid pro quo occurs when one of these individuals offers you an employment benefit in exchange for sexual favors—or threatens to withhold one if you don’t comply.

In New Jersey, quid pro quo sexual harassment may be an implicit or explicit promise of an advantage or threat to the employee’s job security.

For example, the offender may promise a promotion, opportunity, or perk. On the other hand, the offender may threaten the employee with adverse employment decisions for refusing sexual advances such as:

  • Losing out on a promotion,
  • Having your request for a raise denied,
  • Getting fired,
  • Being denied employment,
  • Receiving unsatisfactory performance reviews, or
  • Getting transferred for no legitimate reason.

Any of these actions are illegal. Additionally, your employer cannot take any adverse employment action in retaliation for you exercising your right to complain about suffering sexual harassment in the workplace.

Even if your experience differs from those listed above, you should contact our firm to discuss your case immediately. We can help you fight for your rights.

Can I File a Damage Claim for Sexual Harassment Against My Employer?

Quid pro quo sexual harassment is a form of discrimination on the basis of sex.

It is illegal in New Jersey and has been for a long time. Discrimination on any basis in the workplace is detrimental to the employees’ growth and health and the business as a whole.

New Jersey’s Law Against Discrimination (LAD) provides a civil remedy for quid pro quo sexual harassment victims in the workplace. With the help of a qualified New Jersey employment lawyer, you can file a case in Superior court.

What Evidence Do I Need to Win My Quid Pro Quo Sexual Harassment Case?

Learning what you need to prove to win your quid pro quo sexual harassment case will help you understand the evidence you need for your case. The elements of quid pro quo sexual harassment in New Jersey involve producing proof that:

  • You had a job or were a candidate for a job;
  • The person who made unwanted sexual advances toward you was an employee of your company or was an agent of your employer in a supervisory role;
  • The person’s sexual advances toward you were unwelcome (the sexual advances could be physical, verbal, or both);
  • The person making the sexual advances explicitly or implicitly communicated to you that you would receive employment benefits or suffer penalties if you refused the advances; and
  • You suffered damages because of unwanted sexual advances, such as financial losses.

These elements may be proven with documents such as emails, performance evaluations, and rejection letters, as well as your own testimony.

Your quid pro quo sexual harassment attorney will develop other evidence through a comprehensive investigation into your claim.

Does My Employer Have a Valid Defense Against My Claim?

Your employer has several reasons to defend against your claims fiercely. Therefore, your employer will try to distance you from the business. You need to be ready to counter your employer’s case when it argues:

  • Your story is not believable,
  • You are exaggerating your claims,
  • You were not a qualified candidate,
  • You were not a good employee, or 
  • You are retaliating against the person you allege sexually harassed you because of a failed relationship.

Anticipating your employer’s arguments puts you in the best position to win your case. Our quid pro quo sexual harassment lawyers rely on their experience to counter your employer’s defenses.

What Damages Can I Collect If I Win My Case?

The LAD allows quid pro quo sexual harassment victims to win any damages that New Jersey courts allow at common law. Therefore, you could win a damage award that includes:

  • Lost wages;
  • Lost future earnings;
  • Medical expenses, if any;
  • Future medical expenses, if any;
  • Pain, suffering, and humiliation; 
  • Injunctive relief; and
  • Punitive damages.

The court could also award you punitive damages in addition to attorney fees and costs. Not every plaintiff is entitled to these damages. Damage awards are specific to each case. Therefore, you must contact a highly qualified quid pro quo sexual harassment attorney to discuss your eligibility for damages. 

Why Should I Choose O’Connor, Parsons, Lane & Noble to Take On My Quid Pro Quo Sexual Harassment Claim?

Taking on your employer in court is hard. You may encounter difficult and awkward situations that might lead you to second guess whether you want to pursue your claim. These feelings are perfectly normal.

You can rely on our firm to be with you every step of the way if you are second-guessing whether you want to continue fighting for justice. Our firm believes that every person has the right to hold people accountable for their actions and misdeeds. Accountability brings about change.

The road will not be easy, and your employer will fight back. That is why you need New Jersey employment lawyers on your side who have fought huge, powerful employers and won. Some of our clients’ victories include:

  • $1.6 million settlement for our client who was a victim of sexual harassment and retaliation at work;
  • $22.6 million verdict that included $15 million in punitive damages for our client who was victimized by fellow employees because of sexual orientation; and
  • $1.3 million settlement for a whistleblower fired by her employer in retaliation for reporting erroneous accounting practices.

We are proud of these settlements and verdicts because they represent our lawyers’ hard work and determination to win justice for our clients.

We do not rest on our laurels and cannot guarantee that every case will have a similar outcome. However, we will guarantee that you will receive from us the same dedication and resolve we devote to all our clients’ claims.

What Can I Do to Find Out If I Have a Case Against My Employer for Quid Pro Quo Sexual Harassment in New Jersey?

Call O’Connor, Parsons, Lane & Noble today at 908-928-9200 to schedule a confidential consultation to discuss your sexual harassment claim.

We understand that you might be hesitant. But we believe in our clients and understand how important it is to you to experience justice. Remember that the time to file a case is strictly limited. Delaying could harm your case or prevent you from filing one. Call now to preserve your rights.

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