Companies in Delaware and throughout the country are not allowed to base employment decisions on a worker’s willingness to provide sexual favors. Examples of employment decisions may include promoting a worker or giving that person a raise. They could also include terminating or reprimanding an employee for poor conduct at work. Managers or company owners who make decisions based on a person’s willingness to acquiesce to their demands are engaging in a quid pro quo.
To prove that a quid pro quo took place, an employee or job candidate must show that an owner or employee of the company made an unwanted advance. That person must also show that receiving a job offer or other benefit was conditioned on complying with a request for a sexual favor. Finally, it must be shown that an employee experienced harm and that the harm was caused by an inappropriate sexual advance.
An individual who was a victim of workplace sexual harassment may be entitled to financial compensation that reimburses them for lost wages or the value of lost benefits. An individual may also be entitled to a financial award for any emotional distress that he or she endured. Generally speaking, a worker might be entitled to damages even if he or she went along with a manager or owner’s requests.
Individuals who believe that they were victims of workplace sexual harassment may wish to file a lawsuit against their employer. In some cases, it may be possible to resolve a case by engaging in informal talks or by working with a mediator. An attorney may represent a worker during these talks or if a case goes to mediation or arbitration. If necessary, an attorney may represent a worker at a formal trial.