Table of Contents

I. Introduction

In the workplace, quid pro quo harassment, also known as “this for that” harassment, occurs when someone in a position of authority over another (e.g., a manager or supervisor) demands sexual favors in exchange for job benefits or to avoid job detriments. This type of harassment is illegal under federal, state, and local laws.

II. What is workplace quid pro quo harassment?

A. Legal Definition

Quid pro quo harassment is a form of sexual harassment that falls under Title VII of the Civil Rights Act of 1964. Title VII bars workplace discrimination rooted in gender, encompassing incidents of sexual harassment. Quid pro quo harassment occurs when someone in a position of authority over another (e.g., a manager or supervisor) demands sexual favors in exchange for job benefits or to avoid job detriments.

B. Examples

Examples of workplace quid pro quo harassment include:

  • A supervisor promises to promote an employee in exchange for sexual favors.
  • A manager threatens to fire employees if they do not go out with them.
  • A customer demands sexual favors from an employee in exchange for their business.
  • A doctor promises to prescribe a patient a pain medication in exchange for sexual favors.
  • A police officer offers to drop charges against a suspect in exchange for sexual favors.
  • A volunteer leader promises to give a volunteer a leadership position in exchange for sexual favors.
  • A religious leader promises to give a member of their congregation spiritual guidance in exchange for sexual favors.
  • A landlord demands sexual favors from a tenant in exchange for renewing their lease.
  • A therapist threatens to end therapy with a client if they do not engage in sexual activity with them.

III. Workplace Quid Pro Quo Harassment: Studies and Statistics

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A. Prevalence of Quid Pro Quo Harassment

Several studies have documented the prevalence of quid pro quo harassment in the workplace. A 2021 survey by the Pew Research Center found that 41% of women and 14% of men said they had been sexually harassed at work. Of those who reported harassment, 28% said they had experienced quid pro quo harassment.

Another study published in the Journal of Applied Psychology in 2019 found that 17% of workers had experienced quid pro quo harassment at some point in their careers. The study also found that women were more likely than men to experience quid pro quo harassment and that the harassment was more likely to be perpetrated by supervisors than by co-workers.

B. Factors Associated with Workplace Quid Pro Quo Harassment

Studies have identified several workplace factors associated with an increased risk of quid pro quo harassment.

These factors include:

  • Hierarchical power structures: Workplaces with a strong hierarchy, in which supervisors have much power over their employees, are more likely to experience quid pro quo harassment.
  • Lack of transparency and accountability: Workplaces that lack transparency and accountability, in which employees feel like they cannot report harassment without fear of retaliation, are more likely to experience quid pro quo harassment.
  • Hostile work environments: Workplaces with a hostile work environment, in which employees are subjected to offensive or discriminatory behavior, are more likely to experience quid pro quo harassment.
  • Power imbalances: Quid pro quo harassment is more likely to occur in workplaces with a significant power imbalance between individuals, supervisors, employees, mentors, and mentees.
  • Lack of clear policies: Workplaces that lack clear policies and procedures for reporting and addressing quid pro quo harassment are more likely to experience this type of abuse.
  • Inadequate training: Employees and supervisors who lack adequate training on quid pro quo harassment are less likely to recognize and prevent this type of behavior.
  • Weak enforcement of policies: Workplaces that fail to enforce their policies against quid pro quo harassment send a message that this type of behavior is tolerated.
  • Fear of retaliation: Employees may hesitate to report quid pro quo harassment if they fear retaliation or negative consequences from their supervisor or colleagues.

What Employers Can Do to Prevent Quid Pro Quo Harassment

What Employees Can Do to Prevent Quid Pro Quo Harassment

C. Impact of Quid Pro Quo Harassment on Victims

Victims of quid pro quo harassment often suffer severe and profound consequences. Studies have shown that victims of quid pro quo harassment are more likely to experience:

  • Psychological distress: Victims of quid pro quo harassment are more likely to experience symptoms of anxiety, depression, and post-traumatic stress disorder (PTSD).
  • Emotional trauma: Victims of quid pro quo harassment may experience emotional trauma, including feelings of shame, guilt, and humiliation.
  • Physical harm: In some cases, quid pro quo harassment can lead to physical harm, such as unwanted touching or sexual assault.
  • Economic damage: Victims of quid pro quo harassment may lose their jobs or experience other economic setbacks due to the harassment.
  • Loss of job opportunities: Victims of quid pro quo harassment may be less likely to be promoted or to find new jobs due to the harassment.
  • Damaged professional relationships: Quid pro quo harassment can erode trust and damage professional relationships, making it difficult for victims to collaborate effectively with colleagues and work productively.
  • Reduced job satisfaction: The stress and trauma associated with quid pro quo harassment can significantly reduce job satisfaction, leading to disengagement, decreased motivation, and a desire to leave the workplace.
  • Impaired mental health: The psychological distress caused by quid pro quo harassment can have long-lasting effects on victims’ mental health, potentially leading to chronic anxiety, depression, or other mental health issues.
  • Social isolation and withdrawal: Victims of quid pro quo harassment may withdraw from social interactions and isolate themselves from others due to feelings of shame, embarrassment, or fear of judgment.
  • Diminished self-esteem: The experience of quid pro quo harassment can erode self-esteem and self-worth, making victims question their value and competence.

IV. Legal Framework for Workplace Quid Pro Quo Harassment

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A. Federal Laws

The primary federal law prohibiting quid pro quo harassment is Title VII of the Civil Rights Act of 1964. Title VII mandates the prohibition of gender-based employment discrimination, encompassing acts such as sexual harassment. Quid pro quo harassment falls under Title VII because it involves the conditioning of employment benefits or detriments on the submission to or rejection of sexual advances.

B. State and Local Laws

In addition to Title VII, many states and localities have laws prohibiting quid pro quo harassment. These laws may provide additional protections for harassment victims, such as longer statutes of limitations and broader definitions of sexual harassment.

Quid Pro Quo and Hostile Work Environment

Historical Context of Quid Pro Quo Harassment

C. Key Provisions of Title VII and State Laws

Here are some key provisions of Title VII and state laws that are relevant to quid pro quo harassment:

1. Employer Liability:

Employers are generally liable for quid pro quo harassment committed by their employees, even if the employer did not know about the harassment. This is because supervisors are considered agents of their employers, and their actions are attributed to the employer.

2. Employee Protections:

Victims of quid pro quo harassment can file a complaint with the Equal Employment Opportunity Commission (EEOC) or a state or local agency. If the EEOC or agency finds that harassment has occurred, the employer may be required to pay damages to the victim, including back pay, compensatory damages, and punitive damages. The employer might also find themselves obligated to implement measures aimed at preventing any recurrence of harassment in the future.

3. Anti-Retaliation Laws:

Victims of quid pro quo harassment are also protected from retaliation by their employers. This means that employers cannot fire, demote, or otherwise retaliate against an employee for reporting harassment or participating in an investigation of harassment.

D. Enforcing the Legal Framework

The EEOC is the federal agency responsible for enforcing Title VII. The EEOC investigates complaints of quid pro quo harassment and attempts to resolve them through mediation or conciliation. If the EEOC cannot resolve a complaint, it can file a lawsuit against the employer in federal court.

State and local agencies also have the authority to enforce anti-harassment laws. These agencies investigate complaints of quid pro quo harassment and can take action against employers, such as issuing fines or revoking licenses.

V. Types of Workplace Quid Pro Quo Harassment

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A. Sexual Harassment

1. Sexual Harassment and Promotions

Quid pro quo harassment frequently involves the promise or denial of promotions based on sexual compliance or rejection. A supervisor may offer to promote an employee in exchange for sexual favors, creating a coercive environment where advancement is contingent on unwanted sexual advances. Conversely, an employee may be denied a promotion due to their refusal to engage in sexual activity, demonstrating the detrimental consequences of resisting such advances.

2. Sexual Harassment and Raises

Similarly, quid pro quo harassment can involve the manipulation of raises or salary increases based on sexual compliance. A supervisor may dangle the prospect of a raise in exchange for sexual favors, placing the employee in a difficult position where financial well-being is tied to unwanted sexual demands. Alternatively, an employee may be denied a raise or subjected to salary stagnation due to their refusal to engage in sexual activity, highlighting the financial repercussions of resisting such advances.

3. Sexual Harassment and Favorable Assignments

Quid pro quo harassment can also extend to the allocation of favorable work assignments. A supervisor may assign desirable projects or tasks to employees who comply with their sexual advances, creating a system where preferential treatment is contingent on unwanted sexual attention. On the other hand, an employee may be assigned undesirable or less prestigious tasks as a form of retaliation for refusing to engage in sexual activity, demonstrating the negative consequences of resisting such advances.

4. Sexual Harassment and Job Security

Sometimes, quid pro quo harassment can threaten job security or employment status. A supervisor may threaten to fire, demote, or transfer an employee if they refuse to engage in sexual activity, creating a hostile work environment where job security is dependent on unwanted sexual advances. This type of harassment can be particularly devastating for employees, as it jeopardizes their livelihood and financial stability.

B. Non-Sexual Quid Pro Quo Harassment

Quid pro quo harassment extends beyond sexual advances and can encompass non-sexual demands that create a coercive work environment. In this context, quid pro quo harassment involves threats of demotion, termination, or other negative consequences to compel individuals to comply with non-sexual requests or demands.

1. Threats of Demotion

Supervisors may threaten to demote employees if they fail to meet certain non-sexual demands. This could include requests to perform additional work beyond their duties, work excessive hours without compensation, or take on tasks outside their expertise. Such threats can be particularly stressful for employees, as they may fear losing their positions or experiencing reduced pay and responsibilities.

2. Threats of Termination

In extreme cases, supervisors may resort to threats of termination to coerce employees into complying with non-sexual demands. This could involve requests to endorse or support the supervisor’s personal or professional endeavors, provide confidential information without authorization, or engage in unethical or illegal activities. Such threats can be incredibly intimidating, as they place employees’ livelihoods at risk and create a sense of fear and vulnerability.

3. Negative Performance Evaluations

Supervisors may threaten to give employees poor performance evaluations if they refuse to comply with non-sexual demands. This can damage the employee’s reputation and hinder their career progression.

4. Denial of Training or Development Opportunities

Supervisors may deny employees access to training or development opportunities if they refuse to comply with non-sexual demands. This can limit the employee’s professional growth and hinder their ability to advance in their career.

5. Social Isolation or Ostracism

Supervisors may create a hostile work environment by isolating or ostracizing employees who refuse to comply with non-sexual demands. This can lead to feelings of loneliness, exclusion, and emotional distress.

VI. Recognizing Workplace Quid Pro Quo Harassment

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Recognizing the signs of workplace quid pro quo harassment is crucial for preventing and addressing workplace misconduct.

A. Direct Requests for Sexual Favors

In some cases, quid pro quo harassment may involve direct and explicit requests for sexual favors. A supervisor or manager may openly proposition an employee, suggesting that their compliance with sexual demands will lead to job benefits or prevent negative consequences. Such requests can be blatant and unmistakable, leaving no doubt about the harasser’s intentions.

B. Indirect Requests for Sexual Favors

Quid pro quo harassment may also manifest in more subtle and indirect ways. A supervisor may make suggestive comments or innuendos, hint at romantic interest, or engage in inappropriate physical contact, such as unwanted touching or lingering hugs. These indirect requests can be more difficult to identify, as they may be veiled in ambiguity and plausible deniability.

C. Unwanted Attention or Advances

Regardless of whether the requests are persistent and unwanted attention or advances of a sexual nature characterize direct or indirect, quid pro quo harassment. The harasser may make repeated comments about the employee’s appearance, share sexually explicit material, or make unwanted advances, such as invitations for dates or physical contact.

D. Pressure to Engage in Sexual Activity

Whether through direct requests, indirect suggestions, or persistent unwanted attention, the ultimate goal of quid pro quo harassment is to pressure the employee into engaging in sexual activity. The harasser may create a power imbalance by leveraging their position of authority, suggesting that the employee’s job or career advancement depends on their compliance.

E. Unwanted Compliments or Remarks about the Employee’s Appearance

The harasser may make frequent, unnecessary, or overly personal comments about the employee’s appearance or physical attributes. These comments can be uncomfortable and make the employee feel objectified or uncomfortable.

F. Inappropriate Jokes or Innuendos

The harasser may make jokes or innuendos of a sexual nature, even if they are not directed specifically at the employee. This can create a hostile work environment and make employees uncomfortable or unwelcome.

G. Unwanted Physical Contact

The harasser may engage in unwanted physical contact, such as touching the employee’s arm, shoulder, or back. This can be a clear sign of quid pro quo harassment, as it demonstrates a lack of respect for the employee’s boundaries.

VII. Emerging Nature of Workplace Quid Pro Quo Harassment

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The nature of quid pro quo harassment is constantly evolving as workplaces adapt to new technologies and social norms.

Some emerging trends in quid pro quo harassment include:

  • Online Quid Pro Quo Harassment: Quid pro quo harassment is increasingly occurring online through social media, email, and other electronic communication platforms. This can make it more difficult for victims to come forward and report the harassment.
  • Quid Pro Quo Harassment in the Gig Economy: The gig economy’s growth has led to an increase in quid pro quo harassment, as workers in these jobs often have less job security and are more vulnerable to exploitation.
  • Quid Pro Quo Harassment by Non-Employees: Quid pro quo harassment can also be perpetrated by non-employees, such as customers, vendors, or contractors. This can make it more difficult for employers to prevent and address harassment.

VIII. Reporting Workplace Quid Pro Quo Harassment

When faced with workplace quid pro quo harassment, individuals can report it and seek appropriate action.

A. Internal Channels

Internal reporting channels involve informing individuals or departments about the harassment.

This may include:

  1. Human Resources (HR) Department: HR is typically the designated point of contact for reporting workplace harassment. They have the responsibility to investigate complaints, take appropriate action against harassers, and protect victims from retaliation.
  2. Supervisor or Manager: Employees may feel more comfortable reporting to their direct supervisor or another trusted manager. The supervisor should take the report seriously, document it, and escalate it to HR for further action.

1. Advantages of Internal Reporting:

  • Prompt Response: Internal reporting allows for a quicker response from the organization, potentially minimizing the ongoing harassment and its impact on the victim.
  • Confidentiality: Confidential internal reporting methods can safeguard the victim’s privacy and reduce the risk of potential embarrassment or harm to their standing.
  • Organizational Awareness: Internal reporting helps the organization identify and address systemic issues contributing to harassment, promoting a more positive and inclusive work environment.

B. External Channels

External reporting involves filing a complaint with entities outside the organization.

This may include:

  • Equal Employment Opportunity Commission (EEOC): The EEOC is the federal agency responsible for enforcing Title VII of the Civil Rights Act, which prohibits employment discrimination based on sex, including sexual harassment.
  • State or Local Agencies: Many states and localities have their agencies responsible for enforcing anti-discrimination laws, which may provide additional protections for harassment victims.

1. Advantages of External Reporting:

  • Independence: External agencies provide an impartial review of the complaint, free from any potential biases or conflicts of interest within the organization.
  • Legal Expertise: External agencies have specialized expertise in handling discrimination and harassment cases and can provide legal guidance and support to victims.
  • Enforcement Authority: External agencies can investigate complaints, issue findings, and pursue legal action against employers who violate anti-discrimination laws.

IX. Employer Responsibilities in Addressing Quid Pro Quo Harassment

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Employers have a legal and ethical obligation to prevent and address quid pro quo harassment in the workplace. This responsibility encompasses a range of actions, including developing and implementing effective prevention strategies, conducting prompt and thorough investigations, and taking appropriate disciplinary action against perpetrators.

A. Prevention

Effective prevention is the cornerstone of addressing workplace quid pro quo harassment. Employers should establish a workplace culture that fosters respect, inclusivity, and zero tolerance for harassment.

This includes:

  1. Anti-Harassment Policies: Develop clear and comprehensive anti-harassment policies that explicitly define quid pro quo harassment, outline reporting procedures, and assure confidentiality.
  2. Training and Education: Regularly train all employees, including supervisors and managers, on identifying, preventing, and reporting harassment. This training should cover the legal definition of quid pro quo harassment, the signs and symptoms, and the organization’s reporting procedures.
  3. Bystander Intervention Training: Equip employees with bystander intervention skills to recognize and address potential harassment situations appropriately. This can empower them to disrupt harassment and support targets.
  4. Open Communication Channels: Encourage open communication and create a safe environment for employees to report harassment without fear of retaliation. Foster a culture where employees feel comfortable speaking up without jeopardizing their jobs or reputations.
  5. Regular Review and Revision of Policies: Regularly review and revise anti-harassment policies to ensure they remain relevant and effective. Adapt policies to address emerging trends and changing workplace dynamics.
  6. Monitoring and Evaluation: Monitor the effectiveness of prevention and response efforts. Evaluate the frequency and outcomes of harassment complaints and identify areas for improvement.
  7. Leadership Commitment: Ensure leadership is committed to fostering a workplace free from harassment. Leaders should set the tone by demonstrating respect and accountability and actively promoting a culture of inclusion and zero tolerance for harassment.

B. Investigation and Response

When allegations of quid pro quo harassment arise, employers must act swiftly and decisively to investigate the matter thoroughly and take appropriate action.

This includes:

  1. Prompt Investigation: Initiate a prompt and impartial investigation upon receiving a complaint. Designate a trained investigator to gather evidence, interview witnesses, and document the findings.
  2. Confidentiality: Maintain confidentiality throughout the investigation to protect the privacy of all involved parties. Ensure that sensitive information is handled discreetly and only shared with those involved in the investigation.
  3. Notice to Accused Employees: Inform the accused employee of the allegations against them and provide them an opportunity to respond. Ensure they have access to relevant information and representation during the investigation process.
  4. Fair and Impartial Review: Conduct a fair and impartial review of the evidence, considering all perspectives and potential biases. Evaluate the credibility of witnesses and weigh the evidence carefully before concluding.
  5. Appropriate Disciplinary Action: Based on the investigation’s findings, take appropriate disciplinary action, including termination of employment, demotion, or other corrective measures. Ensure that the disciplinary action is proportionate to the severity of the harassment and sends a clear message that such behavior will not be tolerated.
  6. Support for Victims: Provide support and resources to the victim of the harassment. This may include counseling, emotional support, and assistance with any necessary legal or administrative proceedings.

By fulfilling their responsibilities, employers can create a safe and respectful work environment where employees feel valued, respected, and protected from harassment.

X. Employee Protections from Retaliation

In addition to employers’ legal and ethical obligations to prevent and address workplace harassment, employees also enjoy substantial legal protections against retaliation for reporting harassment. These protections are enshrined in various anti-retaliation laws that safeguard victims from adverse employment actions taken in response to their reporting.

A. Anti-Retaliation Laws

Anti-retaliation laws serve as a critical safeguard for employees who have experienced harassment in the workplace. These laws protect employees from being fired, demoted, harassed, or otherwise discriminated against for reporting harassment, participating in an investigation, or opposing unlawful employment practices.

1. Key Provisions of Anti-Retaliation Laws

Here are some key provisions of anti-retaliation laws:

  1. Broad Scope of Protection: Anti-retaliation laws protect a wide range of reporting activities, including reporting harassment to supervisors, HR departments, external agencies, or co-workers.
  2. The burden of Proof: In retaliation cases, the employer often bears the burden of proof to demonstrate that the adverse employment action was not motivated by the employee’s reporting.
  3. Available Remedies: Victims of retaliation may seek various remedies, including reinstatement, back pay, compensatory damages, and punitive damages.
  4. Attorney’s Fees: In successful retaliation cases, employees may be awarded attorney’s fees to cover the costs of legal representation.

B. Examples of Retaliatory Actions

Anti-retaliation laws prohibit a wide range of adverse employment actions taken in response to reporting harassment. Some common examples include:

  1. Termination of employment: Firing an employee after they report harassment is a clear form of retaliation.
  2. Demotion or transfer: Demoting or transferring an employee to a less desirable position can also constitute retaliation.
  3. Denial of promotions or raises: Retaliation may also involve denying an employee promotions, raises, or other opportunities for advancement.
  4. Negative performance evaluations: Issuing unfair or negative performance evaluations after reporting harassment can be a form of retaliation.
  5. Social isolation or ostracism: Deliberately isolating or ostracizing an employee who has reported harassment can create a hostile work environment.
  6. Threats or intimidation: Threatening or intimidating an employee to discourage them from reporting harassment is a form of retaliation.

How to Create an Anti-Retaliation Policy

C. Importance of Reporting Retaliation

If you believe you have been retaliated against for reporting harassment, it is crucial to report the incident promptly. This allows for timely investigation and intervention to prevent further harm and protect your rights.

XI. Additional Information and Support Resources

OrganizationWebsite
Workplace Fairnesshttps://www.workplacefairness.org/
National Women’s Law Centerhttps://nwlc.org/
9to5 National Association of Working Womenhttps://9to5.org/
RAINN (Rape, Abuse & Incest National Network)https://www.rainn.org/
Not Alonehttps://www.notalone.org/
Resources (other than EEOC) for victims of workplace harassment

14 Powerful Resources for Victims of Quid Pro Quo Harassment

XII. Citations

  1. Mellon, R. C. (2013). On the motivation of quid pro quo sexual harassment in men: Relation to masculine gender role stress. Journal of Applied Social Psychology, 43(11), 2287-2296. https://doi.org/10.1111/jasp.12178
  2. Berdahl, J. L., & Raver, J. L. (2011). Sexual harassment. In S. Zedeck (Ed.), APA handbook of industrial and organizational psychology, Vol. 3. Maintaining, expanding, and contracting the organization (pp. 641–669). American Psychological Association. https://doi.org/10.1037/12171-018
  3. O’Donohue, W., Downs, K., & Yeater, E. A. (1998). Sexual harassment: A review of the literature. Aggression and Violent Behavior, 3(2), 111-128. https://doi.org/10.1016/S1359-1789(97)00011-6
  4. WILLNESS, C. R., STEEL, P., & LEE, K. (2007). A META-ANALYSIS OF THE ANTECEDENTS AND CONSEQUENCES OF WORKPLACE SEXUAL HARASSMENT. Personnel Psychology, 60(1), 127-162. https://doi.org/10.1111/j.1744-6570.2007.00067.x
  5. Sexual Misconduct & Harassment – Research and data from Pew Research Center. (n.d.). Pew Research Center. https://www.pewresearch.org/topic/gender-lgbtq/gender-equality-discrimination/sexual-misconduct-harassment/
  6. Rospenda, K. M., & Richman, J. A. (2004, April 1). The Factor Structure of Generalized Workplace Harassment. Violence & Victims; Springer Nature. https://doi.org/10.1891/088667004780927963
  7. Google Scholar. (n.d.). https://scholar.google.com/scholar_lookup?&title=Perceived%20Victimization%20in%20the%20Workplace%3A%20The%20Role%20of%20Situational%20Factors%20and%20Victim%20Characteristics&journal=Organization%20Science&volume=11&issue=5&pages=525-537&publication_year=2000&author=Aquino%2CK&author=Bradfield%2CM
  8. Psychology of Women Quarterly – Volume 46, Number 1, Mar 01, 2022. (n.d.). Sage Journals. https://journals.sagepub.com/toc/pwqa/46/1
  9. 2022 Workplace Sexual Harassment Program – Berkeley Law. (2023, October 4). Berkeley Law. https://www.law.berkeley.edu/research/berkeley-center-on-comparative-equality-anti-discrimination-law/our-working-groups/gender-based-harassment-and-violence/2022-workplace-sexual-harassment-program/
  10. Harassment. (n.d.). US EEOC. https://www.eeoc.gov/employers/small-business/harassment
  11. Butler Snow | Fifth Circuit Says Failure-to-Hire Discrimination Claim May be Supportable Even if Plaintiff Applies for Position that is Unavailable. (n.d.). https://www.butlersnow.com/news-and-events/fifth-circuit-says-failure-to-hire-discrimination-claim-may-be-supportable-even-if-plaintiff-applies-for-position-that-is-unavailable
  12. {{meta.pageTitle}}. (n.d.). {{Meta.siteName}}. https://www.oyez.org/cases/2014/14-86

Junaid Khan

Junaid Khan is an expert on harassment laws since 2009. He is a passionate advocate for victims of harassment and works to educate the public about harassment laws and prevention. He is also a sought-after speaker on human resource management, relationships, parenting, and the importance of respecting others.

Junaid Khan has 154 posts and counting. See all posts by Junaid Khan

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