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Can I Sue for Sexual Harassment in Albuquerque Even if I Consented?

— January 4, 2022

If you consented to sexual advances made by a supervisor or manager, you can still file a sexual harassment claim under “quid pro quo” laws.

The exact definition of workplace sexual harassment can seem a little vague in Albuquerque. When does an inappropriate joke cross the line and become harassment? When does physical touching constitute harassment? What if you consented to a sexual relationship with a supervisor or manager? Are you still able to sue for sexual harassment in this scenario? 

These are all important questions, and they’re probably best left answered by a qualified, experienced sexual harassment attorney in New Mexico. These legal professionals can help you understand the exact definition of sexual harassment. During a consultation, you can go over the exact circumstances of the incident, and your attorney can help you determine whether or not what you experienced was indeed sexual harassment. As you’ll see, victims can still sue their employers even if they consented to certain behavior. 

Quid Pro Quo Sexual Harassment Explained

If you consented to sexual advances made by a supervisor or manager, you can still file a sexual harassment claim under “quid pro quo” laws. These laws state that when a person in a subservient position experiences sexual advances from someone in a superior position, their ability to consent becomes compromised. This is because there may be an expectation or an implication that consenting to these advances is necessary in order to maintain employment, experience employment benefits, receive a raise, or experience some other kind of reward for allowing sexual harassment to continue. As such, you may still take legal action if you consented. 

Workers Who Are Vulnerable to Quid Pro Quo Harassment

There are a number of workers who may be especially vulnerable to this kind of harassment. These include:

Waiter; image by Jessie McCall, via
Waiter; image by Jessie McCall, via
  • Anyone working for tips: Waitresses and waiters may be especially vulnerable to this type of harassment, as a considerable degree of their income comes from tips. Sexual harassment may occur with the implication that those who consent will receive more tips.
  • Isolated workers: Those working in isolated conditions also face an increased risk for sexual harassment. If there is no one else to watch over interactions between a supervisor and a subservient worker, the chances for harassment rise dramatically. Victims may consent as a defense mechanism, especially if they are live-in employees with “no way out,” so to speak. 
  • Immigrant Workers: Undocumented workers may be under considerable pressure to consent to sexual advances because of their precarious legal situation. Some may consent because there is an implication that they will be reported to immigration services if they do not. 

Enlist the Help of a Qualified Attorney Today

If you’ve been searching the Albuquerque area for a qualified, experienced sexual harassment attorney, there are many qualified legal professionals who are more than willing to assist you. Whether you consented to certain behavior or not, you still have every right to explore your legal options alongside a qualified attorney. With their help, you can pursue a positive legal outcome and pursue a meaningful settlement for everything you’ve been forced to endure. 

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