What is Quid Pro Quo Sexual Harassment in Texas?

Quid pro quo sexual harassment happens when someone with authority over your job demands sexual favors in exchange for job benefits or threatens job consequences if you refuse. In Texas, this type of harassment is illegal under federal law (Title VII), not a separate state law. Texas has no standalone state sexual harassment statute beyond what federal law already provides.

The Latin phrase “quid pro quo” means “this for that.” In employment, it means your job, promotion, raise, or continued employment depends on submitting to unwelcome sexual conduct. This is one of the most serious forms of workplace harassment because it involves an abuse of power.

Why This Matters in Texas

Texas relies entirely on federal Title VII protections for quid pro quo harassment. The Texas Commission on Human Rights Act (TCHRA) mirrors federal law but doesn’t provide broader protections like California or New York state laws do.

This creates three critical realities for Texas workers:

1. Federal law is your primary recourse. You’ll likely file with the EEOC (federal agency) rather than TWC (state agency) to get the longer 300-day deadline.

2. Employer liability is automatic for quid pro quo harassment. If a supervisor with authority over you commits quid pro quo harassment that results in a tangible employment action, your employer cannot escape liability.

3. You cannot sue your harasser personally. Under TCHRA, only the employer can be held liable, not individual supervisors or managers. This is different from New York law, which allows personal liability.

What Counts as Quid Pro Quo Sexual Harassment?

Quid pro quo harassment requires three elements:

1. Unwelcome Sexual Conduct

The sexual advance, request, or demand must be unwelcome. You don’t need to explicitly say “no” every time, but you must communicate through words or actions that the conduct is unwanted.

2. Conditioning of Employment Terms

The harasser must have authority over your job and explicitly or implicitly tie job benefits or consequences to your response to the sexual conduct.

3. Tangible Employment Action

For strict quid pro quo liability, there must be a tangible employment action: firing, failure to promote, demotion, pay reduction, or significant change in job duties or benefits.

Examples of Quid Pro Quo Demands

Direct Conditioning:

• “Sleep with me or you’re fired”
• “Go on a date with me and I’ll approve your promotion”
• “Send me explicit photos and I’ll give you the raise”
• “If you don’t have sex with me, I’ll transfer you to the night shift”

Implicit Conditioning:

• Your manager says women who are “friendlier” get promoted, while touching your shoulder
• A supervisor repeatedly asks you out and mentions he controls the schedule
• Your boss says he gives better assignments to employees who “make him happy” while making sexual comments

Quid Pro Quo vs Hostile Work Environment

Texas courts (following federal standards) recognize two types of sexual harassment. Understanding the difference matters for your legal claim.

Key Distinction: Quid pro quo requires someone with supervisory authority over you to demand sexual favors in exchange for job benefits or to avoid job harm. Hostile environment can involve anyone and focuses on whether the conduct created an abusive working environment.

Both can overlap: A supervisor who repeatedly makes sexual advances while implicitly threatening your job creates both quid pro quo and hostile environment harassment.

Who Can Commit Quid Pro Quo Harassment?

Not everyone can commit quid pro quo harassment. The harasser must have actual authority over your employment.

Supervisors with Authority

These people can commit quid pro quo harassment:

• Your direct manager or supervisor
• Senior executives with authority over your department
• Anyone who controls hiring, firing, promotions, raises, or work assignments
• Anyone who conducts performance evaluations that affect your job status

People Who Cannot Commit Quid Pro Quo

These people typically cannot commit quid pro quo harassment (but may create hostile environment):

• Coworkers at your same level
• Employees in other departments with no authority over you
• Customers or clients (unless your employer gives them de facto control)
• Subordinates who report to you

Example: A coworker at your level who says “sleep with me and I’ll tell the boss you deserve a promotion” is creating a hostile environment, not quid pro quo harassment. He has no actual authority to grant the promotion.

How Texas Determines Employer Liability

Texas courts follow the federal Supreme Court standards from Burlington Industries v. Ellerth and Faragher v. City of Boca Raton.

Automatic Liability: Tangible Employment Action

If quid pro quo harassment results in a tangible employment action, the employer is strictly liable. The employer cannot defend itself by saying it had good anti-harassment policies or that you didn’t complain.

Tangible employment actions include:

• Termination or constructive discharge
• Failure to promote
• Demotion
• Pay reduction
• Transfer to less desirable position
• Significant change in job responsibilities or benefits

Example: Your supervisor demands sexual favors. You refuse. He fires you the next week. Your employer is automatically liable, even if they had a great anti-harassment policy and you never reported it. The firing is a tangible employment action.

Faragher-Ellerth Defense: No Tangible Action

If there’s no tangible employment action, the employer can avoid liability by proving two things:

1. The employer exercised reasonable care to prevent and promptly correct sexual harassment (usually by having anti-harassment policies, training, and complaint procedures)

2. You unreasonably failed to take advantage of the employer’s preventive or corrective opportunities (usually by not reporting through the proper channels)

This is called the Faragher-Ellerth affirmative defense.

Example: Your supervisor makes repeated sexual advances and implies you’ll get promoted if you date him. You never report it to HR. No tangible employment action occurs (you’re not fired or demoted). The employer may escape liability if they can prove they had a good reporting system and you unreasonably failed to use it.

Why this matters in Texas: Unlike hostile environment cases where the employer is only liable if they knew or should have known about harassment, quid pro quo with tangible action creates automatic liability regardless of the employer’s knowledge.

Real-World Texas Examples

Example 1: Restaurant Manager – Houston

A restaurant manager in Houston told a 19-year-old waitress she’d get better shifts and higher-tip sections if she went out with him. She declined multiple times. He began scheduling her for slow shifts and cutting her hours. She complained to the owner, who said “work it out between yourselves.” Her hours dropped from 30 per week to 10 per week. She filed with the EEOC. The significant reduction in hours constituted a tangible employment action. The employer was automatically liable.

Outcome: Settlement before trial. The waitress received back pay for lost hours, compensatory damages, and attorney’s fees.

Example 2: Office Supervisor – Dallas

An office supervisor in Dallas repeatedly asked his assistant to have drinks after work. When she declined, he said “women who want to advance here need to be more social.” He later denied her promotion, giving it to a less qualified employee. The assistant reported to HR. HR investigated and found the supervisor had made similar comments to other women. The company fired the supervisor and gave the assistant the promotion with back pay.

Outcome: No lawsuit filed. The employer’s prompt corrective action likely would have defeated any claim.

Example 3: Warehouse Supervisor – San Antonio

A warehouse supervisor told a female employee she could avoid weekend shifts if she “made him happy.” He touched her inappropriately and sent suggestive text messages. She reported to HR, which conducted a cursory investigation and told her they’d “look into it.” The supervisor was never disciplined. The harassment continued, and she eventually quit.

Outcome: She filed with the EEOC for quid pro quo and constructive discharge. Case settled during EEOC mediation. The employer’s failure to take prompt corrective action created liability.

Example 4: Hotel Manager – Austin

A hotel manager told a housekeeper she wouldn’t be fired for attendance issues if she had sex with him. She secretly recorded the conversation. She reported to the hotel’s corporate HR, which immediately suspended the manager and launched an investigation. The manager was fired within two weeks. The company offered her counseling services and ensured no retaliation.

Outcome: No lawsuit filed. The tangible employment action (conditional promise not to fire) could have created liability, but the company’s immediate and effective response likely prevented a claim.

Example 5: Construction Foreman – El Paso

A construction foreman told a female equipment operator she’d be assigned to better job sites if she went out with him. She refused. He began assigning her to remote, undesirable locations. She documented everything and reported to the general contractor. The contractor told her to “deal with it” and did nothing. Her assignments remained poor, and she was excluded from overtime opportunities.

Outcome: She filed with both TWC and EEOC. The case proceeded to litigation. The unfavorable assignments and lost overtime opportunities constituted tangible employment actions. The employer’s failure to respond to her complaint made them liable.

Example 6: Bank Branch Manager – Fort Worth

A bank branch manager told a teller he’d give her positive performance reviews if she sent him explicit photos. She refused and reported to the bank’s ethics hotline. The bank immediately placed the manager on leave, investigated within 10 days, and transferred him to a non-supervisory role at a different branch. The teller received counseling services and a positive performance review.

Outcome: No lawsuit filed. The bank’s swift, decisive action eliminated liability.

Example 7: Retail Manager – Corpus Christi

A retail store manager told a 17-year-old employee she’d get more hours if she “was nicer to him.” He touched her inappropriately in the stock room. She was afraid to report because she needed the income. Her hours were later cut significantly. She told her mother, who contacted an employment attorney. They filed with the EEOC before the 300-day deadline.

Outcome: Case settled. The minor’s age and the tangible employment action (hour reduction) created strong liability. The employer argued the Faragher-Ellerth defense (she didn’t report), but her age and fear of retaliation weakened that defense.

Example 8: Medical Office Manager – Lubbock

A medical office manager told a receptionist she’d receive a raise if she went on weekend trips with him. She declined. He later fired her, claiming “budget cuts.” Three weeks later, the position was reposted. She filed with the EEOC within the 300-day deadline.

Outcome: Case proceeded to litigation. The termination was a tangible employment action creating automatic employer liability. The suspicious timing and job reposting supported her quid pro quo claim.

Example 9: Accounting Supervisor – Amarillo

An accounting supervisor told a staff accountant he’d support her CPA license application if she dated him. She refused. He later gave her a poor performance review, citing errors that weren’t actually her work. She reported to the HR director, who investigated and found the supervisor had falsified the performance review. The company fired the supervisor and expunged the negative review.

Outcome: No lawsuit filed. The employer’s thorough investigation and corrective action prevented liability, even though a tangible employment action (false negative review) had occurred.

Example 10: Manufacturing Supervisor – McAllen

A manufacturing supervisor told a machine operator she’d be promoted to lead operator if she had sex with him. She refused and reported to her union representative. The union filed a grievance. The company investigated, found credible evidence, and fired the supervisor. The company promoted the operator to the lead position she had been denied.

Outcome: No lawsuit filed. The union grievance process and the employer’s response provided adequate remedy.

Example 11: Sales Manager – Plano

A sales manager told a sales representative he’d assign her the best accounts if she slept with him. She refused. He began giving the high-value accounts to less experienced male employees. She documented the account assignments and filed with the EEOC.

Outcome: Case settled during EEOC mediation. The reassignment of accounts constituted a tangible employment action affecting her commission income. Employer settled to avoid litigation.

Example 12: Restaurant Owner – Tyler

A restaurant owner told a bartender she’d get a raise if she went home with him. She refused. He fired her the next day, claiming she was “not a good fit.” She had only worked there three weeks. She filed with the EEOC.

Outcome: Case dismissed. The employer had fewer than 15 employees, so neither Title VII nor TCHRA applied. She had no federal or state sexual harassment claim, though she may have had claims under other laws.

Example 13: School Principal – Brownsville

A school principal told a teacher he’d support her application for department chair if she “spent more time with him outside school.” She declined. He later recommended another candidate for the position. She reported to the school district’s HR department. The district investigated, found insufficient evidence, and took no action. She filed with the EEOC.

Outcome: Case settled. The failure to promote was a tangible employment action. The district’s inadequate investigation created liability risk, leading to settlement.

Example 14: Grocery Store Manager – Laredo

A grocery store manager told a cashier she’d receive employee-of-the-month bonuses if she “made him happy” and repeatedly touched her waist. She reported to the district manager, who immediately investigated. The manager admitted to the conduct. He was terminated within one week, and the cashier received the bonus she’d been denied.

Outcome: No lawsuit filed. The employer’s rapid, effective response eliminated liability.

Example 15: IT Manager – Waco

An IT manager told a junior developer she’d be assigned to the company’s high-profile project if she went out with him. She refused. He assigned her to maintenance work on legacy systems while promoting a less experienced male developer to the high-profile project. She reported to HR. HR told her “project assignments are management discretion” and did nothing. She filed with the EEOC.

Outcome: Case proceeded to litigation. The assignment to less desirable work constituted a tangible employment action. The employer’s dismissal of her complaint created liability.

Texas vs California and New York

Texas provides significantly weaker protections than California or New York for quid pro quo harassment victims.

What this means for Texas workers:

• You have a shorter deadline to file (180 days with TWC vs 3 years in CA/NY)
• You cannot sue your supervisor personally for damages
• Damage awards are capped based on employer size
• Smaller employers (5-14 employees) are not covered
• You must rely on federal EEOC filing for the longer 300-day deadline

Bottom line: Texas workers facing quid pro quo harassment should file with the EEOC, not just TWC, to preserve the longer federal deadline and maximize legal protections.

What to Do If You Experience Quid Pro Quo Harassment

Step 1: Document the Incident Immediately

Write down:

• Date, time, and location
• Exactly what was said or done
• Whether the harasser explicitly or implicitly conditioned employment on sexual conduct
• Any witnesses present
• How you responded
• Any job consequences that followed

Save emails, text messages, voicemails, or other evidence. Take screenshots if needed.

Step 2: Make Clear the Conduct is Unwelcome

If you feel safe doing so, tell the harasser:

• “I’m not interested in dating you”
• “Your comments make me uncomfortable”
• “I want our relationship to be professional only”

You don’t need to be aggressive or detailed. A simple, clear statement is enough. If you fear retaliation, you can skip this step and move directly to reporting.

Step 3: Report Through Your Employer’s Channels

Check your employee handbook for the complaint procedure. Report to:

• Human Resources department
• Your supervisor (if they’re not the harasser)
• Any designated complaint officer or ethics hotline
• A higher-level manager or executive

Make your report in writing. Email creates a record. If you report verbally, follow up with an email summarizing the conversation.

What to include:

• Who harassed you
• What they said or did
• When and where it happened
• Whether they made your job status conditional on sexual conduct
• Any job consequences that resulted
• That you want the company to investigate and take corrective action

Keep copies of everything.

Step 4: File with the EEOC Within 300 Days

Do not wait. The clock is ticking.

EEOC (Federal):

• Deadline: 300 days from the last incident
• File online at eeoc.gov
• Covers all employers with 15+ employees
• Better option for Texas workers due to longer deadline

TWC (Texas State):

• Deadline: 180 days from the last incident
• File online at twc.texas.gov
• Shorter deadline makes TWC riskier

Strategy: File with the EEOC. This preserves your rights under the longer federal deadline. The EEOC and TWC have a work-sharing agreement, so filing with one often counts as filing with both.

Step 5: Consult an Employment Lawyer

Many employment lawyers offer free consultations. They can:

• Evaluate whether you have a strong quid pro quo claim
• Help you navigate the EEOC process
• Negotiate with your employer
• File a lawsuit if needed after receiving a right-to-sue letter

Most employment lawyers work on contingency (they only get paid if you win), typically taking 33-40% of your recovery.

Step 6: Protect Yourself from Retaliation

Retaliation is illegal. Your employer cannot fire, demote, or punish you for reporting harassment or filing an EEOC charge.

If you experience retaliation:

• Document it immediately
• Report it to the EEOC (you can amend your charge to add retaliation)
• You have a separate legal claim for retaliation

What NOT to Do

Don’t quit without reporting and filing. If you quit, you may lose your legal claims unless you can prove constructive discharge (you were forced to quit because conditions were intolerable).

Don’t retaliate against the harasser. Stay professional. Let the legal process work.

Don’t delete evidence. Save everything, even if it’s embarrassing.

Don’t wait until after the deadline. The 300-day EEOC deadline is firm. If you miss it, you lose your federal claim.

Don’t assume HR will protect you. HR works for the company. While many HR departments handle complaints properly, some protect the company over the employee. Document everything.

Common Questions About Quid Pro Quo Harassment

Can my employer claim they didn’t know about the harassment?

For quid pro quo harassment resulting in a tangible employment action, it doesn’t matter whether the employer knew. They’re automatically liable. This is different from hostile environment harassment, where employer knowledge matters.

What if I didn’t explicitly say “no” to the harasser?

You don’t need to explicitly reject every advance. Courts look at the totality of circumstances to determine whether the conduct was unwelcome. Evidence that helps: you avoided the harasser, you complained to others, you reported it, you showed discomfort through body language or facial expressions.

Can I sue my supervisor personally in Texas?

No. Under TCHRA (Texas state law), only employers can be sued, not individual harassers. This is different from New York law, which allows personal liability. However, you might have other claims against the individual (assault, intentional infliction of emotional distress) outside of TCHRA.

What if the quid pro quo was implied, not explicit?

Implied quid pro quo can still be illegal. Courts look at the context: Did the supervisor have authority over your job? Did they make sexual advances while discussing job benefits or performance? Would a reasonable person in your position believe their job status depended on submitting to sexual conduct?

What if I initially went along with the demands but later refused?

Your initial compliance doesn’t mean the conduct was welcome. Courts recognize that employees may submit to harassment out of fear of job loss. What matters is that you eventually made clear the conduct was unwelcome and that you suffered adverse job consequences.

How much money can I recover?

Damages depend on your specific case. You may recover:

• Lost wages (back pay for firing, lost raises, lost hours)
• Future lost earnings
• Emotional distress damages
• Limited punitive damages (capped at $50K-$300K based on employer size)
• Attorney’s fees

Texas juries tend to be employer-friendly, so awards are often lower than in California or New York.

Will my employer retaliate against me for filing?

Retaliation is illegal. If your employer fires, demotes, or punishes you for filing an EEOC charge, you have a separate retaliation claim. However, retaliation does happen. Document everything and report retaliation to the EEOC immediately.

Do I have to cooperate with my employer’s investigation?

Generally, yes. If you refuse to cooperate with your employer’s investigation after reporting harassment, the employer may use the Faragher-Ellerth defense to escape liability (arguing you unreasonably failed to use their corrective procedures). However, you should consult an attorney before participating in any investigation.

What if my employer has fewer than 15 employees?

Neither Title VII nor TCHRA apply to employers with fewer than 15 employees. You won’t have a federal or state sexual harassment claim. However, you may have claims under:

• Local city ordinances (Austin, Dallas, San Antonio have ordinances covering smaller employers)
• Other laws (assault, intentional infliction of emotional distress, breach of contract)

How long will my case take?

EEOC investigations typically take 6-18 months. If the EEOC issues a right-to-sue letter and you file a lawsuit, cases can take 1-3 years to reach trial. Many cases settle before trial during mediation.

Related Texas Sexual Harassment Topics

• Texas Sexual Harassment – Overview of sexual harassment law in Texas
• Texas – Hostile Work Environment Sexual Harassment – When conduct creates an abusive workplace
• Texas – Employer Liability Sexual Harassment – When employers are responsible for harassment
• Texas – How to File Sexual Harassment Claim – Step-by-step filing process
• Texas – Sexual Harassment Statute of Limitations – Critical deadlines (180 days TWC, 300 days EEOC)

Get Help Now

Quid pro quo sexual harassment is serious. You don’t have to handle it alone.

If a supervisor is demanding sexual favors in exchange for job benefits or threatening your job if you refuse, document everything, report it immediately, and file with the EEOC within 300 days. Texas workers should file with the EEOC, not just TWC, to preserve the longer federal deadline.

Consult with a Texas employment lawyer who can evaluate your case and help you understand your options. Many offer free consultations.

Don’t wait. The 300-day EEOC deadline passes quickly. Don’t let your legal rights expire.

Disclaimer: This information is for educational purposes only and does not create an attorney-client relationship. Employment law is complex and fact-specific. Consult with a qualified Texas employment attorney for advice about your situation.