The Steps in Filing a Quid Pro Quo Harassment Claim In New Jersey

Letters on wooden blocks, spelling out Quid Pro Quo

Suppose your boss makes unwanted sexual advances in exchange for a promotion. What if a hiring manager demands sexual favors for a job offer? You may be the victim of quid quo pro harassment. Although you have strong legal protections against workplace harassment, you may be reluctant to come forward. That’s where Castronovo & McKinney, LLC steps in. When you partner with us, we will guide you through filing a quid pro quo harassment claim.

With in-depth knowledge of the applicable anti-harassment laws and relevant court rulings, we have an impressive track record of success in arbitration and court proceedings. Our practice is grounded in the belief that all employees in New Jersey have a right to work in a harassment-free environment, and we are here to protect your rights. Contact us today to get started with an experienced quid pro quo harassment attorney. 

Understanding Quid Pro Quo Harassment In New Jersey

Sexual harassment is illegal under federal and state law. A common type of harassment involves a supervisor or another person in a position of authority (e.g. owner, executive) making unwanted sexual advances or demands in exchange for a benefit of employment like a job offer, raise, bonus, or promotion. That constitutes quid pro quo (“this for that”) harassment. 

While women are more likely to be targeted, harassment can impact anyone, regardless of gender, sexual orientation, or gender identity. Quid pro quo harassment is an unlawful form of sex-based discrimination under federal law and the New Jersey Law Against Discrimination (NJLAD). By working with an experienced employment lawyer at Castronovo & McKinney, you can hold the harasser accountable and protect your rights. 

How To Report Quid Pro Quo Harassment in the Workplace

If you have experienced quid pro quo harassment, you have a right to report the harasser, but you may fear losing your job. You can protect yourself from harassment by taking the following steps:

Tell the Harasser to Stop

Telling a boss or supervisor to stop their offensive conduct or comments can be daunting. Doing so may stop the harassment but could open the door to retaliation: firing, demotion, or discipline. Fortunately, the NJLAD prohibits employers from retaliating against employees who complain about harassment or engage in protected legal activity. If you are reluctant to confront the harasser, report them to human resources instead.

Document Your Claim

Collect as much detailed evidence as possible, such as a log of offensive comments or conduct or copies of emails, text messages, letters, photos, cards, or notes you receive. Also, keep a record of any incidents of offensive comments or conduct, including:

  • The name(s) of the harasser
  • Where and when the alleged harassment occurred
  • What the perpetrator did or said
  • Your response
  • The names of any witnesses

Be specific about what transpired and how the quid pro quo harassment impacted your job performance.

Follow Your Employer’s Harassment Reporting Procedure

All New Jersey employers must have procedures for reporting sexual harassment, including quid pro quo harassment. This may involve making a formal complaint to another supervisor or human resources personnel. Your employer must investigate your claim and take disciplinary action against the harasser, up to and including termination, if your claim has merit. Notably, your employer can be held strictly liable for quid pro quo harassment, regardless of whether they knew or reasonably should have known about the supervisor’s misconduct. 

Call a Sexual Harassment Lawyer

If you have experienced quid pro quo harassment, talk to an experienced employment lawyer. Trust Castronovo & McKinney to guide you through the system and protect your rights, reputation, and livelihood.

How Our Firm Can Help

Reporting sexual harassment in the workplace and taking legal action against an employer is daunting, but that’s the only way to stop it and possibly spare others from being victimized. That’s where Castronovo & McKinney can assist you. 

Let our experienced quid pro quo harassment attorneys handle all the details of your claim. We will:

  • Interview the involved parties, including the alleged harasser
  • Identify and interview witnesses
  • Obtain and review your personnel file
  • Subpoena your employer’s record of the incident
  • Take over all communications with your employer and opposing counsel 
  • Negotiate a fair and just settlement

Both your employers and supervisor may be liable. While quid pro quo harassment claims often settle through negotiations, our trial lawyers are fully prepared to litigate, if necessary, to achieve the best possible outcome. Our objective is to help you recover damages such as back pay, front pay, pain and suffering, emotional distress, and reputational harm. 

Talk To An Experienced New Jersey Quid Pro Quo Harassment Attorney Today!

If you need a hand reporting quid pro quo harassment, turn to Castronovo & McKinney. We have the skills, resources, and determination to hold the harasser and your employer accountable and protect your employment rights. Contact us today for a confidential consultation