TIOL-DDT 337 · Wednesday, 5 April 2006 · story 3 of 3

quid pro quo -

- One thing for another; something for something

Tax is capable of being passed on to consumer or buyer whereas fee is counter payment by buyer who receives benefit of services for which he is charged and such fees are not capable of being passed on as fees to consumer or buyer - While tax is a compulsory extraction, fee relates to principle of quid pro quo. - Supreme Court of India

The principles of quid pro quo are applicable for fees and cannot be made applicable for levy of duty. [(1965) 57 ITR 176 (S.C.);

Today the phrase is used more in relation to sexual harassment than general law.

Specific examples of quid pro quo in sexual harassment include:

  • requiring submission to a supervisor's request for sexual favours as a condition of continued employment

  • granting specific job benefits such as a salary increase or promotion in exchange for sexual favours

  • Withholding job benefits, such as a wage increase or promotion, or assigning more arduous tasks to an employee who has rejected a supervisor's request for sexual favours. A refusal to hire a job applicant or outright termination of employment would, of course, be actionable in this context.

A leading company's governing policy states,

"Quid Pro Quo (this for that) Harassment": Sexual harassment by managers and supervisors generally is considered "quid pro quo" harassment when it involves the solicitation of sexual favours in exchange for some type of employment decision. To prove quid pro quo harassment, a complaining employee must show that he/she was subject to an unwelcome request for sexual favours by a supervisory employee and that his/her acquiescence to, or rejection of, the request was used as the basis for decisions affecting his/her compensation, terms, conditions, or other privileges of employment. Preferential Treatment also may constitute quid pro quo harassment.

Litigation only makes lawyers fat.

Until tomorrow with more DDT

Have a nice day.

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