What is Quid Pro Quo under POSH ACT 2013? Explanation by CS Sneha Huddar Joshi

Quid Pro Quo and Hostile Work Environment are two forms of sexual harassment recognized in many legal systems, including under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) in India and similar laws globally.

1. Quid Pro Quo
Definition: "Quid pro quo" is a Latin term meaning "this for that." In the context of sexual harassment, it refers to a situation where an individual in a position of power (such as a supervisor or manager) demands sexual favors from an employee in exchange for work-related benefits or to avoid negative consequences.
Examples:
A manager suggests that an employee's promotion or salary increase is contingent upon engaging in a sexual relationship.
A supervisor implies that refusing to go on a date could result in a poor performance review or job termination.
Legal Implications: Quid pro quo harassment is typically easier to identify because it involves a clear power dynamic and a direct link between the demand for sexual favors and employment outcomes. It is illegal and can result in severe penalties for both the individual perpetrator and the employer.
2. Hostile Work Environment
Definition: A hostile work environment occurs when an employee experiences unwelcome conduct or behavior related to sex, gender, or other protected characteristics that is severe or pervasive enough to create an intimidating, hostile, or offensive work environment. Unlike quid pro quo harassment, this form of harassment does not necessarily involve an explicit demand for sexual favors but instead involves ongoing conduct that makes it difficult or uncomfortable for the employee to work.