QUID PRO QUO & RETALIATION SEXUAL HARASSMENT: What you should know about it.

Very recently, Sen. Natasha Akpoti-Uduaghan has this to say about the Senate President of Nigeria Akpabio (as reported by Business Day):

“I’ll have a motion to pass and he’ll not let me. My husband would walk to him because they are friends and say ‘My wife has a very important bill, her constituency needs this, why don’t you give her a chance to speak?’ And he’ll say ‘next time’.

“Each time I walk to him alone, he’ll tell me, ‘You know what, right here, I’m the chief presiding officer of the national assembly, so you have to please me, make me happy to get these privileges..."

So what then is QUID PRO QUO SEXUAL HARASSMENT???

Quid pro quo is Latin word for something for something (an exchange).

Of all of the varying types of sexual harassment, QUID pro quo Harassment has not received the deserved outrage because it has, for centuries, been wrongly categorised as transactional sex, workplace romance, choice and what have you.

This is NOT TRANSACTIONAL SEX, rather, it is a situation where a person in a place authority, witholds lawful entitlements or privileges, to be released in exchange for sex. 

Emphasis are on:

a. a person in place of authority

b. Withholding of lawful entitlements or privileges.

c. Using such withheld entitlements as currency to get sexual favours. 

d. Threat of sanction or deprivations for non compliance. And these deprivations includes loss of job, promotion, salary, career advancement, intentionally creating hostile work environment, ostracisation, termination etc.

Hence, it borders more abuse of office and not transaction.

Also note that (this aspect of often overlooked): Quid pro quo Harassment need not be done only by a superior but any one who holds any form of leverage over a person. It could be a colleague or even an subordinate. It could be sexual favours in exchange for connections, silence etc.

Secondly, Quid pro quo Harassment is also NOT WORK ROMANCE. Work romance is voluntary and does not include threats or fear of any form of deprivations or sanctions.

Thirdly, it is also NOT CONSENT as one cannot be said to have given their free and informed consent when there is fear of sanction for refusal. Consent involves your right to say yes or no. If you suffer sanction for choosing an option over the other, it becomes an imperative. For instance:

Stopping at the red light is not a choice but an imperative because there is a sanction imposed for doing other wise.

Fourthly, it is NOT MUTUAL BENEFIT if one feels constrained to say yes against their better judgment or freewill. It doesn't matter that if they say yes, they enjoy 'some benefits' like promotion. 

Corporate power is not a currency used to buy sexual favours. That is abuse of office. 

Even more is that, persons who speak up often face further sanctions in addition to the sanctions already suffered.

Sen. Natasha was suspended for 6months after filing a petition against the Senate President. Hence, she is currently facing two types of workplace Harassment: 

1.  QUID PRO QUO WORKPLACE HARASSMENT (the initial unsolicited sexual demands)  

2. RETALIATION HARASSMENT (sanction/aftermath for speaking up which is usually followed by more deprivations for whistleblowing like workplace ostracisation, termination etc.

NOTEWORTHY STATISTICS ON WORKPLACE HARASSMENT: 

Women filed 78% of all workplace sexual harassment cases filed to the Equal Employtment Opportunity Commission (EEOC)— EEOC

Up to 72% of victims of workplace sexual assault do not report for fear that it will affect their career. — Zippia

28 percent of men and 36 percent of women who reported experiencing sexual harassment stated it took place in a work environment. - Frank Clownery Law.

55% of human resources professionals reported not knowing if their work have policies to prevent workplace Harassment- Zippia

(This is profound as many organisations have arbitration clauses. Victims are meant to report to the organisation (HR delegates) first, meanwhile, these first response delegates are grossly unaware of how to handle same)

In a recent survey of 2,000 workers, 68% revealed feeling unsafe in their respective  workplaces- Zippia

RETALIATION HARASSMENT AND RELEVANT STATS

Of all these, retaliation (punishment for whistleblowing or rejection) is the most common form of workplace discrimination, which accounts for 52% of all cases submitted to the EEOC. — WH Law Offices

More than 7 out of 10 sexual harassment are said to occur by reason of retaliation. — SC Training

More than 72% (seven in 10 people) who experienced workplace harassment linked same to retaliation. This includes termination, being sued for defamation, and denial of promotions, scrutiny- National Women’s Law Center (NWLC)

More than half of the workers (56 percent) reported been further harassed by the person they reported to and nearly two in five (37 percent) said that nothing was done go to their harasser.

Women aged 18-34, followed by 35 to 44 are the most victims of workplace harassment in 2023 — HR Acuity.

99.8% of harassed workers don't file formal charges. - University of Massachusetts Amherst) 

The majority of EEOC cases are settled before they go to court — Wenzel Fenton

10 TYPES OF WORKPLACE HARASSMENT YOU SHOULD KNOW AND WATCH OUT FOR

The first step to protecting yourself is in the knowing. As a practicing lawyer, I have seen many people who felt wronged but did not know that they have a legal recourse in law. So they 'leave it for God'. You can't protect yourself if you don't know that what's been done to you constitutes harm. These are types of sexual Harassment.

1. SEXUAL HARASSMENT: Includes 

- Quid Pro Quo Harassment (remanding sexual favours in exchange for benefits like promotion or even sanctions like termination. 

- Hostile Work Environment

2. Discriminatory Harassment: Harassment by reason of gender, race, disability, political, class or religious affiliation.

3. Personal Harassment: Attacking a worker's physical attributes like appearance, weight, educational qualifications etc.  

4. Physical Harassment: Includes physical violence, property destruction.

5. Verbal Harassment: Use of insulting words designed to cause embarrassment or pain.

6. Psychological Harassment: Includes gaslighting, ostracisation etc

7. Power Harassment: Involves abuse of office (quid pro quo sexual Harassment falls under this. The person needs not be a superior but anyone who holds any leverage over use and use that leverage to press for sexual favours).

8. Online Harassment (Cyber-bullying):

Heightened by social media and remote work. Involves demand for sexual favours over the media and increases changes of third place Harassment.

9: Retaliation: Harassment suffered as punishment for reporting previous harassment, whistle blowing etc. 

10. Third-Party Harassment: Perpetuated by persons outside the organisation eg suppliers, clients etc which usually go untreated.

MYTHBUSTER: MYTHS ABOUT WORKPLACE HARASSMENT.

Myth 1:Workplace harassment is just about sexual harassment.

Truth:While sexual harassment is a major issue, workplace harassment includes bullying, discrimination, verbal abuse, and psychological intimidation. Harassment can be based on gender, race, disability, or other factors.  

 Myth 2: Only women experience workplace harassment.

Truth: Men experience workplace harassment. However, women are disproportionately affected. 

Myth 3: If it’s not physical, it’s not harassment.

Truth: Harassment includes verbal comments, inappropriate jokes, unwanted advances, online harassment, and psychological manipulation. It does not have to be physical to be harmful.  

Myth 4: If the victim didn’t say “no” clearly, it wasn’t harassment.

Truth: Harassment is about the perpetrator’s actions, not the victim’s response. Fear, power imbalance, and shock can prevent someone from reacting immediately.  

Myth 5.  "Casual joke or comment isn’t harassment"

Truth: There is a clear line between compliments and Harassment. If you can't tell, then stop complimenting. 

Also, “locker room talk,” and microaggressions create a toxic work environment. Even if it is innocent joke and the person doesn't like it, persisting in it makes it unsolicited and a Harassment. 

Myth 6: If there’s no proof, it didn’t happen.

Truth: Many forms of harassment happen in private places or subtly. Lack of physical evidence doesn’t mean it didn’t occur

Myth 7: Powerful people don’t face harassment.

Truth: Work place Harassment transcends class. While those of power status may face heightened cases of Harassment, those of higher status can face it even from subordinates. 

The case of Sen. Natasha is an example.

SPOTLIGHT: QUOTES ON SEXUAL HARASSMENT.

“Mom asked me if I was okay. I shrugged and nodded. “Well, there you go”, she said. She said that sexual assault was a crime of perception. “If you don’t think you’re hurt, then you aren’t”, she said. “So many women make such a big deal out of these things (sexual harassment). But you’re stronger then that”, she went back to her crossword puzzle.”

        ― Jeannette Walls, The Glass Castle

"Workplace Harassment is NOT AN INEVITABILITY, it is definitely NOT AN OCCUPATIONAL HAZARD, it is deliberate, systemic and often protected by organisation.

          ― Dogo Joy Njeb. 

LIVE TO REMEMBER: KIMBERLY BENDER

Kimberly Bender committed suicide after been sexually assaulted by the correctional office of Forks City Jail

The officer got only 20months imprisonment after admitting to harassing four other inmates around the same time.

Despite numerous reports, the jail officers claimed they were 'unable to substantiate' her allegations. Bender was found hanging in her cell. - Seattle Times.

Once again, the system stays failing women. 'Unable to substantiate' is just the modern day version of hysteria and crazy. "Oh, she's saying something incoherent"

#sayhername #KimberlyBender.

Finally, the fight to ending workplace Harassment is not solely on the victim but on us all. It is systemic. We have seen a few won their workplace Harassment suits, however, that does not compensate for the millions that get swept under the carpet. It behoves on you and I to:

1. Not perpetuate workplace harassment.

2. Be a system of support to victims of Harassment.

3. Say something, including acting as witnesses.

4. Not victim blame victims of workplace Harassment.

5. Not cause them to suffer further harm through retaliation.

ABOUT US: 

SheResonance is a media awareness groups that breaks down complex issues of women's right into easily digestible form. We believe the first step to mental emancipation is our ability to identify our chains. 

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