Deck 9: Sexual Harassment

Question 1

The intent of sexual harassment law is to make the workplace totally devoid of sexuality.

Answer 1

False
Explanation:The intent of the sexual harassment law is not that the workplace either become totally devoid of sexuality on the one hand or be given completely over to employees who would misuse the law on the other. Consensual relationships are not forbidden under the law, and employees may date consistent with company policy.

Question 2

In a sexual harassment claim,it is a defense to liability if an employer can show that a harassee unreasonably failed to avail himself or herself of a mechanism the employer had in place for preventing or correcting sexual harassment.

Answer 2

True
Explanation:It is a defense to liability if an employer can show that a harassee unreasonably failed to avail himself or herself of a mechanism the employer had in place for preventing or correcting sexual harassment. Likewise, it is helpful to a harassee if he or she can show that the employer had unreasonable means of preventing or correcting sexual harassment (for instance, the only one to whom claims are reported is the harasser).

Question 3

When a female employee is verbally harassed about doing men's work,taking away the job a man should have,or simply inappropriately working at a traditionally male job,it constitutes sexual harassment.

Answer 3

True
Explanation:Even today, a female entering a workplace with few or no other females is often verbally harassed about "doing men's work," "taking away the job a man should have," or simply inappropriately working at a traditionally male job. Despite the lack of sexual overtones (though the comments are obviously based on gender), this could well constitute sexual harassment.

Question 4

Sandra dated Henry,her supervisor,for three months.When she told Henry that she did not want to see him anymore,he became obsessed with her.He started e-mailing her at work,dropping by her house,and stalking her after work.The supervisor gave Sandra a poor review,and eventually,she was fired.Sandra cannot file a claim with the Equal Employment Opportunity Commission (EEOC)for sexual harassment because she had been in a consensual relationship with Henry.

Question 5

Every act of sexual harassment in the workplace must result in automatic termination.

Question 6

Lakeisha,a management assistant at the Fourth Bank and Trust Company of Pasadena,is involved in a romantic affair with Wilson,the senior vice president of the bank.Though the relationship between Lakeisha and Wilson is very strong,Wilson is concerned that he and the bank might be accused of sexual harassment at some point in the future.The director of human resources recommends that Wilson and Lakeisha sign a "love contract." Though it may not be a perfect solution to liability for sexual harassment,this contract will:

A) restate the voluntary nature of their relationship and assure Lakeisha that decisions regarding her employment will not be influenced by the end of their relationship.
B) affirm that they end the relationship with immediate effect and that Lakeisha accept money in return for any damages caused during their relationship.
C) affirm that they shall resolve any work-related dispute through litigation and not through other alternative dispute resolution mechanisms.
D) restate that under no circumstances shall Lakeisha adopt retaliatory conduct against Wilson in the future if their relationship ends in a bad manner.

Question 7

Sexual harassment class action trials are rare mainly because:

A) the Equal Employment Opportunity Commission has limited power to enforce sexual harassment claims.
B) most cases are settled rather than litigated as a means of avoiding bad publicity and the possibility of even greater damages if the matter goes to trial.
C) claimants are not entitled to any compensatory damages on winning the claim.
D) the Civil Rights Act of 1991 is not clear about what constitutes sexual harassment and what does not.

Question 8

Hostile environment sexual harassment is generally easier to recognize than quid pro quo sexual harassment.

Question 9

When an employee alleges sexual harassment based on a hostile work environment,the:

A) harassment should be sufficiently severe or pervasive to create an abusive working environment.
B) harassee needs to show that the employer was completely unaware of the sexually hostile work environment.
C) harassee, if male, needs to show that he belongs to a protected group.
D) harassment needs to only exist and need not be severe or extensive in nature to be found to be hostile.

Question 10

Quid pro quo sexual harassment occurs when a harasser merely creates an abusive or intimidating work environment but does not engage in sexual activity.

Question 11

Which of the following statements is true of complaints about acts of sexual harassment?

A) They are accepted only if they are in a written form.
B) They need not be treated seriously or investigated if made anonymously.
C) They can be made by anyone who has observed the harassment in the workplace.
D) They are accepted only in cases where the harassee is a female employee.

Question 12

John is an openly gay man.He constantly teases his co-worker,Paul,telling him that he should go ahead and "come out of the closet." He has even publicly commented about how sexually attractive Paul is,though Paul has warned him against making such comments.However,Paul does not have a claim for sexual harassment because John is a male.

Question 13

In the context of unwelcome sexual activity,if the activity started out being consensual and one employee calls a halt to it and the other continues:

A) it is sexual harassment only if the harassee is a female employee.
B) it is sexual harassment as the law strives to totally devoid workplaces of sexuality.
C) it cannot be termed sexual harassment as it was once consensual in nature.
D) it can become sexual harassment at the time the activity is no longer consensual.

Question 14

The first sexual harassment class action was approved in Burlington Industries,Inc.v.Ellerth.

Question 15

Which of the following statements is true of quid pro quo sexual harassment?

A) It requires an employee to engage in sexual activity in exchange for workplace entitlements or benefits.
B) It seldom leaves a paper trail that can be followed.
C) It involves creating an offensive work environment rather than engaging in sexual activity.
D) It is difficult to recognize this type of harassment because there is always confusion about what activity constitutes the offense.

Question 16

Hostile work environment sexual harassment requires proof that the harassing conduct was severe and/or pervasive.

Question 17

Jason was being asked for sexual favors by his boss,Katrina.She would force him to meet her outside work and would touch him inappropriately.She even promised him a promotion if he agreed to be sexually intimate with her.Jason reluctantly succumbed to Katrina's demands and got a promotion.When he refused to engage in further sexual activity with Katrina,she fired him.Which of the following holds true in this scenario?

A) Jason cannot file a claim for sexual harassment because he is a man, and workplace sexual harassment claims are normally made by women.
B) Jason cannot file a claim for sexual harassment because he participated by being sexually intimate with her.
C) Jason can file a claim for quid pro quo sexual harassment.
D) Jason can only file a claim for hostile work environment sexual harassment.

Question 18

Doug occasionally compliments his secretary when he arrives at the office,saying things like,"Mrs.Woods,you look nice today," or "That's a nice dress." In this case,Mrs.Woods would not have a claim for sexual harassment.

Question 19

While the sexual harassment of an employee must be based on gender,it need not involve sex,requests for sexual activity,sexual comments,or other similar activity.

Question 20

Henry and Rochelle work in the claims department of an insurance company.On Rochelle's birthday,Henry stops by her cubicle and gives her a cupcake with a heart on the frosting and asks her out to dinner.Rochelle,having never spoken to Henry before,finds his actions strange and declines his offer.Henry does not make any more advances,but Rochelle finds him creepy whenever she sees him in the office.Which of the following holds true in this case?

A) Rochelle has a claim under quid pro quo sexual harassment.
B) Rochelle has a claim under hostile work environment sexual harassment.
C) Rochelle does not have a claim for sexual harassment because her claim would be based on one isolated incident that is not serious enough to warrant undue concern.
D) Rochelle does not have a claim because sexual harassment has to involve physical assault to be considered unlawful.

Question 21

To constitute actionable sexual harassment,the conduct complained of:

A) must result in constructive discharge.
B) must include requests for some form of sexual activity in exchange for workplace benefits.
C) need not necessarily include sexual overtones.
D) need not necessarily be severe or pervasive.

Question 22

Lucia,an electronics assembler at Universal Industries Factory,is sexually propositioned by Mark,who is the head of the quality control department.Upon Lucia's refusal,Mark starts finding fault with the quality of her work,and she is eventually demoted.Lucia believes that if she complains against Mark to the company's management,no action will be taken against him because of his reputation with senior management.Though Universal Industries has a sexual harassment policy in place,Lucia does not use it.Instead,she files a complaint with the Equal Employment Opportunity Commission (EEOC).Which of the following holds true in this case?

A) Universal Industries will be liable to Lucia for quid pro quo sexual harassment for the acts of its supervisor Mark.
B) Universal Industries will not be liable to Lucia for quid pro quo sexual harassment because Mark is only a supervisor and not the owner.
C) Universal Industries will be liable to Lucia for quid pro quo sexual harassment only if it knew about Mark's actions and failed to take any action against him.
D) Universal Industries will not be liable to Lucia because she failed to use the company's sexual harassment policy.

Question 23

Homer and Julia are part of the cheese production team at the Mayberry Dairy.All of the team members share a harmonious work relationship.However,a calendar featuring a semi-nude woman in a sexually suggestive pose on Homer's desk makes Julia uncomfortable.She asks Homer to remove it,but Homer does not oblige,insisting that he has been getting that same brand of calendar for five years and sees no reason to replace it now.To file and prevail on a sexual harassment claim,Julia must prove that:

A) the images on the calendar clash with her religious beliefs.
B) their employer has tried to take remedial action against Homer several times.
C) the calendar creates a hostile or abusive work environment.
D) no other male employee in the workplace has displayed such obscene images of women.

Question 24

An employer can use the Ellerth/Faragher affirmative defense in a case where the:

A) employer had a reasonable sexual harassment policy, and the harassee unreasonably failed to use it.
B) harasser initiated a tangible unfavorable job action against the harassee.
C) harassee and the harasser have already signed a "love contract."
D) employer was aware of the sexual harassment at the workplace but failed to take action against the offenders.

Question 25

Sandra was employed as a nutritionist at Horse Power Gym and Spa.At work,she was constantly subjected to her manager's vulgar sexual comments and inappropriate sexual gestures.Unable to bear the harassment,Sandra decided to quit her job instead of going through her employer's sexual harassment complaint process.Which of the following holds true in this scenario?

A) Horse Power Gym and Spa has a valid claim against Sandra for constructive discharge.
B) If Sandra files a sexual harassment case against Horse Power Gym and Spa, the employer can use the Ellerth and Faragher affirmative defense to avoid strict liability.
C) If Sandra files a sexual harassment claim against Horse Power Gym and Spa, she will win the claim regardless of whether her employer was aware of the harassment.
D) Sandra has a constructive discharge claim but not a sexual harassment claim against her employer.

Question 26

Colleen worked as an assistant to Matt,the director of marketing,for seven months.During this period,Matt constantly referred to Colleen as "the office beauty," and he would loudly smack his lips whenever she came to work in a skirt.On one particular occasion,when Colleen reminded him to get his wife a Valentine's Day card,he responded that his wife lived in another city and that he was lonely.He also made an inappropriate sexual gesture.If Colleen files a complaint of sexual harassment due to a hostile work atmosphere,which one of the following standards is most likely to result in a finding of sexual harassment?

A) The reasonable offender standard
B) The average person standard
C) The reasonable victim standard
D) The average third-party standard

Question 27

Marlena is an employee at the Super Buzz Cola warehouse.Larry,a truck driver working with the logistics company that supplies Super Buzz Cola to all supermarkets,makes lewd remarks and asks for sexual favors whenever he sees Marlena.Though she warns him against such behavior,he continues to harass her.An upset Marlena complains to her supervisor,who in turn tells her that it is not the company's problem as Larry is an outsider.Thus,no corrective action is taken on Super Buzz's end.Which of the following holds true in this case?

A) Super Buzz is not liable for sexual harassment because Larry is not its employee.
B) Super Buzz is not liable for sexual harassment because Title VII of the Civil Rights Act of 1964 does not protect employees of private employers.
C) Super Buzz is liable for sexual harassment only if Marlena is physically harassed by Larry.
D) Super Buzz is liable for sexual harassment regardless of whether the harasser is a co-worker or a third party.

Question 28

Norbert and Suzie are both lineworkers for a utility company who have been working together for almost two years.Norbert frequently tells Suzie that the job is called "lineman" and not "linewoman," and thus,it is not a woman's job.He plays practical jokes on her such as hiding some of her tools and sabotaging her truck.He asks her when she plans on getting pregnant and staying at home to take care of her children and gives her copies of "Help Wanted" ads for secretarial and waitress jobs.Such behavior has kept Suzie disturbed at work.If Suzie complains about Norbert's conduct:

A) he will not be found to have committed sexual harassment against Suzie because he never made physical contact with her.
B) he will not be found to have committed sexual harassment against Suzie because there were no sexual overtones in his comments.
C) he will be found to have committed sexual harassment against Suzie because his comments violated the Pregnancy Discrimination Act.
D) he will be found to have committed sexual harassment against Suzie because the harassment was based on gender and unreasonably interfered with Suzie's ability to do her job.

Question 29

Allison saw her supervisor,Roger,misbehaving with Kay,one of her co-workers.Later,she asked Kay about the incident and discovered that Roger had made repeated attempts to get sexually intimate with Kay.Kay refused to report the sexual harassment because she was afraid she would be fired.Allison contacted the human resources department and notified them of the sexual harassment Kay was subjected to.However,a few weeks later,Roger terminated Kay on the basis of insubordination.Which of the following is most likely to happen in this case?

A) Allison cannot file a claim with the Equal Employment Opportunity Commission because she was not the person who was sexually harassed.
B) Allison cannot file a claim with the Equal Employment Opportunity Commission because Kay failed to file a complaint the very first time the harassment occurred.
C) Allison can file a claim with the Equal Employment Opportunity Commission on behalf of Kay for sexual harassment and retaliation.
D) Allison can file a claim with the Equal Employment Opportunity Commission for hostile environment sexual harassment but not for retaliatory discharge.

Question 30

Gregory,the manager of a consulting firm,invariably yells at all of his employees,calling them "stupid," "idiot," "useless," or similar terms.However,when he shouts at his female staff members,he usually adds an additional word such as "bitch," "whore," or some other obscene reference specific to the gender.Adrianne,a subordinate who is fed up with Gregory's behavior,decides to file a complaint with the Equal Employment Opportunity Commission (EEOC).Which of the following holds true in this case?

A) Adrianne can prevail on a hostile environment sexual harassment claim because Gregory's hostility has a component specifically directed at women.
B) Adrianne can prevail on a complaint of hostile environment gender discrimination only under state laws but not under Title VII of the Civil Rights Act of 1964.
C) Adrianne cannot prevail on a hostile environment gender discrimination claim because Gregory has not asked her for sexual favors.
D) Adrianne cannot prevail on a complaint of hostile environment sexual harassment because Gregory invariably yells at his male employees as well.

Question 31

The U.S.Supreme Court held that that even though both the harasser and the harassee are of the same gender,a harassee can still bring a sexual harassment claim and be protected by Title VII of the Civil Rights Act of 1964 in the _____ case.

A) Jenson v. Eveleth Taconite, Inc.
B) Meritor Savings Bank, FSB v. Vinson.
C) Oncale v. Sundowner Offshore Services, Inc.
D) Burlington Industries, Inc. v. Ellerth.

Question 32

Which of the following statements is true of the case of Meritor Savings Bank,FSB v.Vinson?

A) It established, for the first time, hostile work environment sexual harassment as a cause of action under Title VII of the Civil Rights Act of 1964.
B) It was the Supreme Court's first case involving same-gender sexual harassment.
C) It involved the claimant alleging sexual harassment by her employer as a result of losing a tangible employment benefit.
D) It was the case that made the U.S. Supreme Court establish that consensual relationships at work are forbidden under the law.

Question 33

The requirement that the offending activity be severe and/or pervasive in order for it to amount to actionable sexual harassment means that the activity must:

A) be more than just occasional, and/or it must be serious in degree.
B) cause severe psychological harm to the victim.
C) be based not just on gender but other factors as well.
D) involve extreme physical abuse, including assault and battery.

Question 34

An employer can raise an affirmative defense to a sexual harassment claim if the employee:

A) experienced no tangible adverse employment action such as termination by the supervisor.
B) was asked to quit his or her job after being harassed but failed to do so.
C) was harassed by a third party and not a co-worker on the same level.
D) was only subjected to hostile environment sexual harassment and not quid pro quo sexual harassment.

Question 35

Simone,the only female marketing manager at the Aged in Oak Distillery,is constantly referred to as "Sexy Sim" by her male colleagues.Sometimes,they even leave nude pictures on her desk,send her vulgar e-mails,and follow her to the restroom.David,a colleague of Simone,tries to get physically intimate with her at work one day.When Simone complains to the vice president of human resources,she is told that the guys are just having a little fun and she should be a good sport if she wants to progress in the field.Which of the following holds true in this case?

A) Aged in Oak is not liable for sexual harassment because Simone did not file a written formal complaint.
B) Aged in Oak is liable for sexual harassment by a third party.
C) Aged in Oak is liable for sexual harassment by Simone's co-workers.
D) Aged in Oak is not liable for sexual harassment because Title VII of the Civil Rights Act of 1964 does not cover private employers.

Question 36

Patty,a partner in a law firm,showed special interest in Rex,a new associate at the firm.Patty frequently made sexual overtures to Rex and expected him to get physically intimate with her if he wanted to be a senior attorney at the firm.However,Rex's refusal prompted Patty to tell him that he was not suitable to be a senior attorney,and she also started treating him badly in front of the other employees.Unable to bear the harassment any further,Rex quit the job and filed a complaint with the Equal Employment Opportunity Commission (EEOC)for sexual harassment.Which of the following holds true in this situation?

A) The law firm would not be liable for sexual harassment because HR did not bring the complaint to the attention of management, so the firm did not know of the harassment.
B) The law firm would not be liable for sexual harassment because Title VII of the Civil Rights Act of 1964 does not protect male employees against harassment.
C) The law firm would be strictly liable for sexual harassment because Patty is a supervisor, and the supervisor's acts are considered those of the employer.
D) The law firm would be liable for sexual harassment only if Rex can prove that he is married.

Question 37

Frank,a maintenance worker at the Breakwater Swimming Club,is physically attracted to Brenda,one of the swimming instructors.Though Brenda has shown no interest in him,he has been stalking her,making lewd comments to her,and making sexual threats.Frank has been careful to keep his behavior very low profile.Brenda does not bring this matter up with the club's management but instead decides to quit her job and file a claim of sexual harassment against the club.Which of the following holds true in this scenario?

A) Breakwater Swimming Club will be liable for Frank's behavior, regardless of its ignorance of Frank's activities.
B) Breakwater Swimming Club can avoid liability if it can be shown that there was no way for it to be made aware that there was an issue resulting in the constructive discharge.
C) Breakwater Swimming Club will not be liable for Frank's behavior under any circumstances because private employers are not covered under Title VII of the Civil Rights Act of 1964.
D) Breakwater Swimming Club will have a cause of action against Brenda if it can be shown that Frank only made threats but did not physically harass her.

Question 38

For sexual harassment claims in the case of rape,the plaintiff:

A) must be able to prove the offending activity occurred more than once.
B) need not prove that the offending activity was sufficiently severe and/or pervasive if it was egregious enough the one time it occurred.
C) must show that more than one harasser was involved in the act.
D) cannot file a claim if he or she was in a consensual relationship with the harasser at some point in time.

Question 39

Maxwell's interest in an intimate relationship with his supervisor,Gloria,was genuine in the beginning but later subsided.Gloria immediately ceased any pursuit of the relationship at that point.If Maxwell has a professional falling out with Gloria afterward,can he successfully assert that the behavior that occurred during his relationship with Gloria is evidence of sexual harassment?

A) No, because it was welcome behavior at the time it occurred.
B) No, because Title VII of the Civil Rights Act of 1964 protects only female employees from harassment.
C) Yes, because any sexual behavior between members of the same workforce is legally sufficient to prove sexual harassment.
D) Yes, because the intent of the anti-sexual harassment law is to make the workplace devoid of sexuality.

Question 40

Pam worked as the only female security guard among other male guards.She was verbally harassed by her male colleagues because she did a "man's job." They would sometimes hide her badge and keys,grease her uniform,and break open and wreck her locker.Pam complained to her supervisor,who immediately inquired if any of the men had ever touched her.When she said no,the supervisor said that there was nothing he could do to stop it and that it was just horseplay.Which of the following holds most true in this case?

A) Pam does not have a claim for sexual harassment because none of the men have touched her inappropriately.
B) Pam has a claim for sexual harassment because she is being harassed on the basis of her gender.
C) Pam does not have a claim for sexual harassment because no tangible adverse employment action has been taken with regard to her job.
D) Pam has a claim for sexual harassment because she was hired for a job mostly suitable for men.

Question 41

Myrna,a waitress,complains to her boss,Stuart,that Simon,a frequent patron of the restaurant,has been engaging in what she considers to be sexually harassing behavior.She details Simon's activities to Stuart and requests that Stuart take immediate action and that she not be required to wait on Simon in the future.Though Stuart assures Myrna that he will look into the matter,he puts off the case for weeks,fearing losing a loyal customer like Simon.When he eventually does get around to dealing with it,he only tells Simon that he should go a little easy on Myrna and does nothing about Myrna's request to be relieved of any obligation to wait on Simon.Is the employer in any danger of sexual harassment liability,and what effect,if any,will Stuart's handling of the situation have?

Question 42

Red Ink Systems wants to develop a zero tolerance policy on sexual harassment.The company's policy should include a provision to:

A) relocate a sexual harassment claimant to a different office.
B) limit training about sexual harassment to lower-level management.
C) terminate any employee accused of sexual harassment without wasting time on investigation.
D) investigate all sexual harassment claims and circulate information only on a need-to-know basis.

Question 43

Tyson,the branch manager at Middletown Bank,hires Marge as a teller.A few months later,he urges her to engage in some sexual activity with him in return for a promotion to the post of senior teller.Fearful about losing her job,Marge agrees.After a year of an intermittent sexual relationship with him,she tells him that the relationship is over.When she applies for the job of assistant branch manager,Tyson selects another employee in the branch with less experience for the job.In spite of the bank's well-developed sexual harassment policy,which requires complaints of sexual harassment be made to the human resources department,Marge files a complaint with the Equal Employment Opportunity Commission (EEOC).Which of the following holds true in this case?

A) Middletown Bank is not liable for sexual harassment because Marge failed to report the harassment pursuant to its sexual harassment policy.
B) Middletown Bank is not liable for sexual harassment because it prohibited sexual harassment in its policies.
C) Middletown Bank will face limited liability for hostile environment sexual harassment.
D) Middletown Bank will face strict liability for quid pro quo harassment.

Question 44

Managers investigating sexual harassment claims by an employee should:

A) keep the matter confidential and not notify the alleged harasser until the investigation is completed and the company has decided on the corrective action to be taken.
B) ask the employee to take a sabbatical until the end of the investigation.
C) inform the claimant that the harasser will be notified of the complaint and that the company will not allow the harasser to retaliate against him or her for filing the complaint.
D) ask the claimant to submit valid proof against the alleged harasser before starting the investigation.

Question 45

What is the Ellerth/Faragher affirmative defense,and what should an employer do to be able to assert the defense?

Question 46

Gail landed a job with the South Chapippie Bulldogs in the Mid-Eastern Basketball Association-a semi-professional league.Two months after beginning the job,she was called into the office of the team owner,Vlad,who told Gail that if she intended to keep her job,she needed to keep him sexually satisfied.When Gail got up to leave,Vlad blocked her passage and tried to force himself on her.It was only when she screamed for help that Vlad let her leave the room.In addition to facing a claim of sexual harassment,what other legal charges could Vlad face?

Question 47

Distinguish quid pro quo sexual harassment from hostile environment sexual harassment.

Question 48

What are the elements of hostile environment sexual harassment?

Question 49

Which of the following is an effective way to deal with sexual harassment at the workplace?

A) Taking a reactive approach rather than a preventive approach toward sexual harassment
B) Promoting the use of in-house alternative dispute resolution resources for settling sexual harassment disputes
C) Punishing every act of sexual harassment, regardless of its severity, with termination
D) Keeping all sexual harassment claims confidential and not notifying the alleged harasser until the investigation is complete

Question 50

Rena is a veterinary nurse at Pure Animal Clinic,which has 20 full-time employees.During one of her night shifts,Bill,a co-worker,follows her to the parking lot,stands very close to her,and touches her inappropriately.Which of the following holds true in this scenario?

A) Rena cannot bring an action under Title VII of the Civil Rights Act of 1964 because the act covers only employers with 50 or more workers.
B) Rena can file a sexual harassment claim only if a third person observed the harassment and can confirm it in court.
C) Rena can bring civil actions against Bill in state court for assault and battery.
D) Rena can bring an action under Title VII of the Civil Rights Act of 1964 even if it can be shown that she could have used the mechanism provided by the employer to prevent or correct sexual harassment.