what is by quid pro quo accordingly with law
Answers
In common law, quid pro quo indicates that an item or a service has been traded in return for something of value, usually when the propriety or equity of the transaction is in question. A contract must involve consideration: that is, the exchange of something of value for something else of value. For example, when buying an item of clothing or a gallon of milk, a pre-determined amount of money is exchanged for the product the customer is purchasing; therefore, they have received something but have given up something of equal value in return.
In the United States, if the exchange appears excessively one sided, courts in some jurisdictions may question whether a quid pro quo did actually exist and the contract may be held void. In cases of "Quid Pro Quo" business contracts, the term takes on a negative connotation because major corporations often cross ethical boundaries in order to enter into these very valuable, mutually beneficial, agreements with other major big businesses. In these deals, large sums of money are often at play and can consequently lead to promises of exclusive partnerships indefinitely or promises of distortion of economic reports, for example.[2][3]
In the U.S., lobbyists are legally entitled to support candidates that hold positions with which the donors agree, or which will benefit the donors. Such conduct becomes bribery only when there is an identifiable exchange between the contribution and official acts, previous or subsequent, and the term quid pro quo denotes such an exchange.[citation needed]
In United States labor law, workplace sexual harassment can take two forms; either "Quid pro quo" harassment or hostile work environment harassment.[4] "Quid pro quo" harassment takes place when a supervisor requires sex, sexual favors, or sexual contact from an employee/job candidate as a condition of their employment. Only supervisors who have the authority to make tangible employment actions (i.e. hire, fire, promote, etc.), can commit "Quid pro quo" harassment.[5] The supervising harasser must have "immediate (or successively higher) authority over the employee.”[6] The power dynamic between a supervisor and subordinate/job candidate is such that a supervisor could use his/her position of authority to extract sexual relations based on the subordinate/job candidate's need for employment. Co-workers and non-decision making supervisors cannot engage in "Quid pro quo" harassment with other employees, but an employer could potentially be liable for the behavior of these employees under a hostile work environment claim. The harassing employee's status as a supervisor is significant because if the individual is found to be a supervisor then the employing company can be held vicariously liable for the actions of that supervisor.[7] Under Agency law, the employer is held responsible for the actions of the supervisor because he/she was in a position of power within the company at the time of the harassment.
To establish a Prima facie case of "Quid pro quo" harassment:
plaintiff must prove that he/she was subjected to "unwelcome sexual conduct,"that submission to such conduct was explicitly or implicitly a term of their employment, andsubmission to or rejection of this conduct was used as a basis for an employment decision.[8]Once the plaintiff has established these three factors, the employer can not assert an affirmative defense( such as the employer had a sexual harassment policy in place to prevent and properly respond to issues of sexual harassment), but can only dispute whether the unwelcome conduct did not in fact take place, the employee was not a supervisor, and that there was no tangible employment action involved.
Explaining the Three Factors:
Unwelcome Sexual Conduct: A court will look at the employee's conduct to determine whether the supervisor's sexual advances were unwelcome. In Meritor Savings Bank v. Vinson, the Court opined that voluntary sex between an employee and supervisor does not establish proof that a supervisor's sexual advances were welcome. The Court also stated that evidence of the subordinate employee's provocative dress and publicly expressed sexual fantasies can be introduced as evidence if relevant.[9]Term of Employment: A term or condition of employment means that the subordinate/job candidate must acquiesce to the sexual advances of the supervisor in order to maintain/be hired for the job. In essence, the sexual harassment becomes a part of their job.