Everything you need to know about Quid Pro Quo Harassment

In today’s professional settings, the frequency of sexual harassment, particularly quid pro quo, is a stark reality we must confront. This form of harassment, where job perks such as promotions or salary increments are dependent upon sexual favours, is not only unethical but also illegal. Despite this, many such incidents remain unreported.

An article by HT Times in 2022 shed light on how fear of retaliation discourages individuals from reporting, particularly when the complaints involve senior leadership. This widespread hesitancy, driven by concerns about job loss or disbelief in meaningful change, underscores the urgent need for dialogue and action. This blog aims to dissect quid pro quo harassment, providing straightforward, actionable guidance for employees, HR professionals, and IC members to effectively address and eliminate this issue.

Understanding Quid Pro Quo Sexual Harassment

Definition and nuances

Quid pro quo harassment is when someone’s job prospects depend on their response to sexual advances. Imagine being told, “Go on a date with me, and I will make sure you get that promotion.” or “You will get a promotion only when you get intimate with me else you will find yourself in a Performance Improvement Plan”. That is quid pro quo harassment in a nutshell. It is unfair, and it puts employees in a very tough spot.

The legal side

Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act), explicitly addresses quid pro quo harassment under its definition of sexual harassment. According to Section 2(n) of the Act, sexual harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication):

1. Physical contact and advances; or
2. A demand or request for sexual favours; or
3. Making sexually coloured remarks; or
4. Showing pornography; or
5. Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

The aspect of quid pro quo harassment is primarily covered under points 1 and 2, where it is indicated that any unwelcome physical advances towards a woman or a demand/request for sexual favours can be considered sexual harassment. This is particularly relevant in scenarios where such behaviour is used as a basis for employment decisions affecting the individual, thereby establishing a quid pro quo relationship—where job benefits are dependent upon the employee’s consent to sexual advances.

Moreover, Section 3(2) of the Act elaborates on circumstances that may constitute sexual harassment, indicating that it includes any unwelcome behaviour that has the promise of preferential treatment in employment, threat of detrimental treatment, threat about present or future employment status, interference with work, or creating an intimidating, offensive, or hostile work environment, or humiliating treatment likely to affect the employee’s health or safety.

Reporting Quid Pro Quo Harassment: What you need to know?

Every employee is entitled to a safe and respectful work environment, free from harassment. The PoSH Act guarantees protection against retaliation for those who report harassment, ensuring that complaints are treated with seriousness, confidentiality, and promptness.

How to Report?

1. Keep records: Note down every incident, with dates and times.

2. Report to the Internal Committee (IC): Every workplace should have an Internal Committee, the designated body for accepting, investigating, and redressing a PoSH Complaint. In case, you are unsure of who the committee members are, you may also approach your HR team who will then guide you to IC team members. However, sometimes in these multiple meetings and exchanges, confidentiality which is a topmost priority when it comes to PoSH Complaints, goes for a toss and to ensure something like that does not happen, Ungender’s incident reporting system on the GetConduct platform ensures that a complaint once reported on the platform goes directly only to the IC who will then initiate the investigation process.

3. Collect and share evidence and supporting documents: As an individual, if you share evidence and supporting documents (e.g. Whatsapp/MS Team/social media platform chats, audio, videos, and images etc.) related to allegations, it will just expedite the process. However, we understand that with remote work setups sometimes there might not be any evidence available and that is okay. As an individual, you can still raise a complaint.

4. Look for support: In case there is no IC in your organization, there are legal avenues and support groups ready to help if you need them.

Preventing Quid Pro Quo Harassment in the workplace

1. HR’s role in the prevention

HR departments are instrumental in enforcing harassment policies, facilitating regular awareness sessions, and ensuring the functionality of the IC. They play a critical role in creating a supportive reporting environment, utilizing platforms like GetConduct for anonymous complaints, and promoting transparency and accountability across all levels.

2. Building a culture of respect

Fostering a respectful workplace culture is foundational to preventing harassment. Organizations should clearly articulate policies and maintain a zero-tolerance stance toward any form of harassment.

3. Spotting the signs early

Sometimes, the signs are subtle. We need to be vigilant and act before things get worse. A clear understanding among employees and managers about what constitutes harassment can prevent many incidents.

4. Leadership and manager training

Specific training programs for leadership and management are vital. These programs should educate leaders on recognizing harassment, legal compliance, and fostering an environment that deters such behaviours.

The role of GetConduct in creating safer workplaces

GetConduct introduces ‘Cubicle,’ a feature enabling anonymous, secure communication between employees and IC members. This innovation encourages reporting by those reluctant to come forward, ensuring their concerns are heard without fear of identification or retribution.

Ungender’s approach to fighting harassment

At Ungender, our approach towards fighting workplace harassment is:

1. Education: All the related stakeholders i.e. employees, IC members, managers, and leaders and we firmly believe that any act of workplace sexual harassment may sometimes be intentional but a lot of times is extended when it is unintentional and is not mindful of their actions. We conduct employee awareness sessions, in which the employees are made aware of the behaviours that can come under the PoSH Act and also enlighten them about what can make their colleagues feel uncomfortable.

Not only that, the ones at the receiving end also are unaware that they are being harassed leading to these individuals undergoing physical, emotional, and mental trauma and finally resulting in exiting the organization. Having a clear understanding of appropriate and expected inclusive actions, each employee has responsibilities, and the redressal mechanism available to them may significantly contribute to lower harassment complaints.

2. Our training: Our approach to training involves conducting capacity-building sessions with the leadership and managers of the organization. We believe that creating a strong culture within the company can only be achieved if the leadership is on board and actively works to implement it. That is why we regularly work with managers and leaders to ensure that this aspect is properly disseminated and integrated into the company’s culture.

3. Filing and investigation process: We ensure confidentiality, and transparency, is easy, and facilitate investigations in the most efficient time-bound manner which is why we innovated the GetConduct platform where an individual can raise a complaint without fear of retaliation or preconception that no actions will be taken against their complaint.

Not only that the platform provides you with a safe space where you can chat with the IC members without disclosing your identity and only after getting a complete understanding, go ahead with a formal complaint.

With a mix of all the above approaches, Ungender aims to fight harassment in workplaces.

Conclusion

Quid pro quo harassment has no place in our workplaces. It’s time for all of us to stand up, speak out, and ensure our workplaces are safe and fair for everyone. Let’s take the steps necessary to create an environment where everyone can thrive, supported by laws and initiatives like GetConduct. The journey to a harassment-free workplace starts with us.

If you are looking forward to creating a workplace, that is free from harassment and do not know where to start, get in touch with us.

Author: Pooja Poddar is the Head of PoSH Services and Internal Operations at Ungender. Pooja guides over 30 organizations in their compliance with the PoSH Act, of 2013. This role leverages the skills and experiences she has gained throughout her career, ensuring that these organizations prioritize respect, and compliance, and foster truly inclusive workplaces.