What's a "Quid Pro Quo" anyway?

Latin phrases make me feel like this…….

Quid Pro Quo seems to be everyone’s favorite latin phrase these days. Turn on the news and you’ll get tired of hearing it.  But what does it mean?

Basically, the phrase means ”something for something” when translated from Latin. In everyday language, it’s similar to “tit  for tat,” “you scratch my back and I’ll scratch yours,” and “one hand washes the other.” In other words, the phrase means if you do something for me, I will do something for you.

However, the term may have a very specific legal meaning, depending on the context. 

In the area of contract law, a quid pro quo usually means that there has been some sort of consideration between the Parties to an an agreement. Consideration is  a necessary  element of a binding contract, and  means that the agreement involves the exchange of of value for something else of value. If there is no consideration or, quid pro quo, then the contract is void. Thus, in the context of contract law a quid pro quo, is a good thing.

In labor law cases, quid pro quo sexual harassment has a very specific meaning. In these cases, if an employee can establish quid pro quo harassment, then the employer loses out on some defenses, and it is much easier for the employee to prove their harassment case. Quid pro quo in the context of employment harassment cases has a negative connotation. 

In recent political events, the term has taken a life of its own and is being used to describe the exchange of favors, or absence of exchange of favors, between President Trump and the Ukrainian government.  

Wherever you fall in the political spectrum, it’s important to pause and scrutinize the use of the word whenever you hear it. A good rule of thumb is to remember to look at the context  of its use, and the facts surrounding the claims involving a quid pro quo. As Politicians are want to do, they  often manipulate and spin terms, especially legal terms, to further their political agenda. 

Don’t let them fool you with fancy Latin phrases. This is not a contact case, or a case involving harassment in the workplace. All quid pro quo means in this particular context is “something for something.”