context: Under the circumstances alleged here, it takes more than saber rattling alone to impose quid pro quo liability on an employer; the supervisor must have wielded the authority entrusted to him to subject the victim to adverse job consequences as a result of her refusal to submit to unwelcome sexual advances.
citation_a.signal: see
citation_a.identifier: 833 F.2d 1414, 1414
citation_a.parenthetical: quid pro quo sexual harassment exists when adverse job consequences result from employee's refusal to submit to sexual advances
citation_a.sentence: See Sauers v. Salt Lake County, 1 F.3d 1122, 1127 (10th Cir.1993) (“If the plaintiff can show that she suffered an economic injury from her supervisor’s actions, the employer becomes strictly liable without any farther showing of why the employer should be responsible for the supervisor’s conduct.”) (quoting Kotcher v. Rosa and Sullivan Appliance Ctr., Inc., 957 F.2d 59, 62 (2d Cir.1992); Kauffman v. Allied Signal, Inc., Autolite Div., 970 F.2d 178, 186 (6th Cir.1992) (“[T]he employee’s refusal to submit to the supervisor’s sexual demands [must have] resulted in a tangible job detriment.”) (quoting Highlander, 805 F.2d at 648); Hicks, 833 F.2d at 1414 (quid pro quo sexual harassment exists when adverse job consequences result from employee’s refusal to submit to sexual advances); Highlander, 805 F.2d at 649 (no cause of action for quid pro quo sexual harassment where “the record [is] totally devoid of any evidence tending to demonstrate that plaintiff was denied a job benefit or suffered a job detriment as a result of her failure to engage in the activity suggested by [defendant]”); but see Nichols v. Frank, 42 F.3d 503, 513 (9th Cir.1994) (“[A] supervisor’s intertwining of a request for the performance of sexual favors with a discussion of actual or potential job benefits or detriments in a single conversation constitutes quid pro quo sexual harassment.”).
citation_b.signal: but see
citation_b.identifier: 42 F.3d 503, 513
citation_b.parenthetical: "[A] supervisor's intertwining of a request for the performance of sexual favors with a discussion of actual or potential job benefits or detriments in a single conversation constitutes quid pro quo sexual harassment."
citation_b.sentence: See Sauers v. Salt Lake County, 1 F.3d 1122, 1127 (10th Cir.1993) (“If the plaintiff can show that she suffered an economic injury from her supervisor’s actions, the employer becomes strictly liable without any farther showing of why the employer should be responsible for the supervisor’s conduct.”) (quoting Kotcher v. Rosa and Sullivan Appliance Ctr., Inc., 957 F.2d 59, 62 (2d Cir.1992); Kauffman v. Allied Signal, Inc., Autolite Div., 970 F.2d 178, 186 (6th Cir.1992) (“[T]he employee’s refusal to submit to the supervisor’s sexual demands [must have] resulted in a tangible job detriment.”) (quoting Highlander, 805 F.2d at 648); Hicks, 833 F.2d at 1414 (quid pro quo sexual harassment exists when adverse job consequences result from employee’s refusal to submit to sexual advances); Highlander, 805 F.2d at 649 (no cause of action for quid pro quo sexual harassment where “the record [is] totally devoid of any evidence tending to demonstrate that plaintiff was denied a job benefit or suffered a job detriment as a result of her failure to engage in the activity suggested by [defendant]”); but see Nichols v. Frank, 42 F.3d 503, 513 (9th Cir.1994) (“[A] supervisor’s intertwining of a request for the performance of sexual favors with a discussion of actual or potential job benefits or detriments in a single conversation constitutes quid pro quo sexual harassment.”).