One of the key factors of many workplace sexual harassment cases is a power imbalance. This may have affected the relationship or even made it possible for the harassment to occur in the first place.
One example of this is quid pro quo sexual harassment. This is often carried out by a supervisor, a manager, a company owner or someone else in a more executive position. They use that position to tell a lower-level employee that they would like to have a sexual relationship at work. In exchange, they will give that employee something – a raise, bonus, a promotion, etc. Quid pro quo means that the two people are making an exchange.
Does this mean it’s consensual?
No, this does not mean that the relationship is consensual. Some harassers will claim that it is during quid pro quo investigations. They will say that the other person agreed to the relationship so they didn’t do anything wrong.
But what’s really happening is that they are exploiting their position of power over the other person. This could be because they know that they are the only person who can provide the benefits – the promotion or raise, for instance – that the employee wants. But that difference in authority levels at the business also means that the lower-level employee may be worried about getting fired or facing other types of retaliation if they refuse.
In other words, the relationship is manipulative, not consensual.
The legal process
Have you experienced harassment on the job? You need to know how to navigate the legal process moving forward, so carefully consider the steps you should take.