Deck 9: Sexual Harassment

Question 1

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." Mrs. Woods would not have a claim for sexual harassment.

Answer 1

True

Question 2

Henry and Rochelle work in the claims department of an insurance company. Henry stops by Rochelle's cubicle on her birthday and gives her a cupcake with a heart on the frosting and he asks her out to dinner. Rochelle had never spoken to Henry before and found his actions weird, so she declined the offer. Henry never said anything more to her, but Rochelle found him creepy whenever she saw him in the office.

A) Rochelle has a claim for quid pro quo sexual harassment.
B) Rochelle has a claim for 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.
D) Rochelle does not have a claim for sexual harassment because Henry never touched her.

Answer 2

C

Question 3

Employers are not liable for sexual harassment if the harassing activity takes place outside the workplace.

Answer 3

False

Question 4

Claims for sexual harassment do not have to be based on sex, sexual comments or requests for sexual activity.

Question 5

The court applied a reasonable victim standard in Ellison v. Brady.

Question 6

Consensual sexual relationships between a supervisor and a subordinate constitute sexual harassment and would result in liability for the employer.

Question 7

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

Question 8

Marlena is a laborer in the Super Buzz Cola warehouse. Sometimes she flirts with her coworkers. Larry is a truck driver for a local supermarket chain who picks up pallets of soft drinks at the warehouse. Whenever he sees Marlena he complements her on her good looks, asks her if she will have sex with him and makes lewd remarks. Marlena has told him to stop but he continues his behavior. Marlena has complained to her supervisor who tells her to ignore Larry because "everyone knows he is a jerk."

A) Super Buzz is not liable for sexual harassment because Larry is not their employee.
B) Super Buzz is not liable for sexual harassment because Marlena is a very good looking woman.
C) Super Buzz is not liable for sexual harassment because Marlena sometimes flirts with her coworkers.
D) Super Buzz is liable for sexual harassment because liability for sexual harassment by nonemployees is judged by the same standard as for coworkers.

Question 9

Lakeisha is a management assistant at the Fourth Bank and Trust Company of Pasadena. Wilson is a senior vice president of the bank. The romantic attraction between Lakeisha and Wilson was very strong and they have become lovers. Wilson is concerned that the bank and he could be accused of sexual harassment. The director of human resources recommends that Wilson and Lakeisha sign a "love contract." Although such arrangements are not a perfect solution to liability in such a situation, Wilson decides to send Lakeisha a letter that

A) restates the voluntary nature of the relationship.
B) affirms that the parties will use the company's sexual harassment policies if a problem arises.
C) he and Lakeisha agree to resolve any work-related dispute differences using alternative dispute resolution (ADR) rather than resorting to the courts.
D) All of the choices are correct.

Question 10

Simone is the only female marketing manager at the Aged in Oak Distillery. The other managers constantly referred to her as their "chicky-babe." Additionally, they left nude pictures on her desk and sent her vulgar emails. When she went to the bathroom, they would follow her, pretending to go in behind her. David, the worst offender, would intentionally rub up against Simone when he passed her in the hall. Simone complained to the Vice-President of Human Resources and he told her that the guys were just having a little fun and to be a good sport

A) Aged in Oak is not liable for sexual harassment because Simone did not file a formal complaint.
B) Aged in Oak is liable for quid pro quo sexual harassment.
C) Aged in Oak is liable for hostile work environment sexual harassment.
D) Aged in Oak is not liable for sexual harassment because none of the men were her supervisor.

Question 11

The U.S. Supreme Court held that sexual harassment can occur if the harasser and the harassee are of the same gender in:

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

Question 12

John is an openly gay man. During the course of the work day, he teased his co-worker, Paul, telling him that he should go ahead and "come out of the closet," asking him out and telling him that he was so hot. Paul does not have a claim for sexual harassment because John is not his supervisor and because John is a man.

Question 13

One lawyer called class action sexual harassment cases "a white buffalo" because trials of cases in which there have been multiple victims of sexual harassment at the same workplace are extremely rare. These trials are rare because

A) sexual harassment involving multiple victims is almost unheard of currently.
B) after the court certifies the case as appropriate for processing as a class action, most defendants prefer to settle rather than face public testimony by numerous employees about pervasive sexual harassment, with an accompanying risk of high damages.
C) lawyers who take these cases can "buffalo" (i.e., bamboozle) the jury into believing that there was sexual harassment.
D) employers don't want their cases turned into movies like North Country, Nine to Five, Hostile Advances and Working Girl.

Question 14

Jason was being asked for sex by his boss, Katrina. She told him if he is nice to her, she will be nice to him, hinting about a promotion. Katrina started to call Jason at home and she insisted that Jason accompany her to lunch where she would fondle his genitals under the table. Jason eventually had sex with Katrina and he got the promotion. When he tried to end the relationship, she fired him.

A) Jason cannot file a claim for sexual harassment because he is a man.
B) Jason cannot file a claim for sexual harassment because he participated by going out to lunch with Katrina.
C) Jason can file a claim for quid pro quo sexual harassment.
D) Jason can file a claim for hostile work environment sexual harassment.

Question 15

Gregory invariably yells at all of his employees, calling them "stupid," "idiot", "doofus" or similar terms. However, when he shouts at his female staff members, he usually adds an additional word such as "bitch," "whore" or some obscene reference to the female anatomy. Adrianne is fed up with this behavior and decides to file an EEO complaint.

A) Adrianne can prevail on a complaint of hostile environment gender discrimination because Gregory's hostility has a component specifically directed to women.
B) Adrianne cannot prevail on a complaint of hostile environment gender discrimination because Gregory is an equal opportunity harasser of both men and women.
C) Adrianne cannot prevail on a complaint of hostile environment gender discrimination because Gregory has not asked her for sexual favors.
D) Adrianne cannot prevail on a complaint of hostile environment gender discrimination because none of her female colleagues have complained about Gregory's behavior.

Question 16

Oncale v. Sundowner Offshore Services, Inc. was the first class action sexual harassment lawsuit ever filed.

Question 17

EEOC guidelines on sexual harassment do not have to be followed by courts.

Question 18

Rosalind has been approached a number of times, for dates, by her male coworkers. On one occasion she accepted, and the date became rather intimate. The next day, she rebuffed any further advances by her date from the previous night. On subsequent days, however, she was sometimes receptive to his advances and, at other times, she indicated either ambivalence or disinterest. If Rosalind attempts to make a claim of sexual harassment on the basis of this pattern, the chief flaw in her claim will be that she was sending mixed signals to her suitor and that it was impossible for him to determine whether his advances were unwelcome.

Question 19

Quid pro quo sexual harassment occurs when the harasser creates an abusive or intimidating work environment.

Question 20

Sandra dated Henry, her supervisor, for 3 months. She told him that she didn't want to see him anymore and couldn't they just be friends. Henry became obsessed with Sandra, calling her at her desk, emailing her at work, and dropping by her house. Sandra cannot file a claim with EEOC for sexual harassment because she had been in a voluntary consensual relationship with him.

Question 21

Balducci & Cohen, Inc. wants to develop a zero tolerance policy on sexual harassment. The company's policy should include a provision for:

A) relocating a sexual harassment claimant to a different office.
B) sending the harasser and the harassee to mediation to help improve their relationship.
C) firing any employee accused of sexual harassment.
D) None of the choices is correct.

Question 22

Meritor Savings Bank, FSB v. Vinson

A) established hostile work environment sexual harassment as a cause of action under Title VII.
B) was the first sexual harassment case to reach the Supreme Court.
C) involved a claimant alleging sexual harassment against her employer even though she lost no tangible employment benefit.
D) All of the choices are correct.

Question 23

To constitute actionable sexual harassment, the conduct complained of:

A) must include sexual overtones.
B) must require that the receipt of some workplace benefit be conditioned upon the person harassed acceding to the sexual demands of the harasser.
C) need not include sexual overtones.
D) must result in the creation of a sexually hostile workplace.

Question 24

Managers investigating sexual harassment claims by employees 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) let the harassee know that the complaint will be kept confidential to encourage a candid interview.
C) inform the complaining employee that the harasser will be notified of the complaint and that the company will not allow the harasser to retaliate against him/her for filing the complaint.
D) send out a company wide email informing all employees of the allegations of sexual harassment and asking anyone with information as to the true or falsity of the allegations to send that information via email.

Question 25

An employer can raise an affirmative defense to a sexual harassment claim if
(I) no tangible adverse employment action has been taken by the employer with regard to the complaining employee.
(II) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior.
(III) the employee unreasonably failed to use the employer's sexual harassment policy.
(IV) the employee was fired or demoted by a supervisor.

A) I, II, & III.
B) II, III, & IV.
C) I, II, & IV.
D) I, III, & IV.

Question 26

During the seven months Colleen worked as an assistant to Matt, the director of marketing, the following occurred. Matt constantly referred to Colleen as "the office beauty," as in "Here comes the office beauty." Once, when she wore a leather skirt, he loudly smacked his lips when she came into his office. On another occasion, when she commented that it was hot in his office, he replied that "It got hotter when you came in the door." Finally, when she reminded him to get his wife a Valentine's Day card, he responded that his wife was living in another city due to her job and he was lonely. He then said that all he had for company was his pillow and made a masturbation 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 person standard
B) The average person standard
C) The reasonable victim standard
D) The reasonable man standard

Question 27

At the end of Rex's the first year as an associate, Patty calls him into her office and tells him that he needs to improve his relationship with her. Rex quits, claiming constructive discharge. Rex files a complaint with the EEOC for sexual harassment. Rex did not file a complaint using the company's sexual harassment policy.

A) Cantor & Gallup may not be liable for sexual harassment because they had a reasonable antidiscrimination policy in place and Rex failed to use it.
B) Cantor & Gallup would not be liable because Patty's conduct was not sexual harassment.
C) Cantor & Gallup would be strictly liable for sexual harassment because Patty had insinuated that Rex should be much nicer to her if he wanted to make partner.
D) Cantor & Gallup would be strictly liable for sexual harassment because Rex quit claiming constructive discharge due to a hostile work environment.

Question 28

Homer and Julia are part of a cheese production team at the Mayberry Dairy. In general there is harmony among the team members, who have worked together effectively for years and often socialize outside of work. However, on the wall over Homer's desk is a calendar which features a different semi-nude woman in a sexually suggestive pose each month. The calendar makes Julia uncomfortable but Homer won't remove it saying he has been getting that same brand of calendar for three decades and he sees no reason to change now. Julia files a complaint of sexual harassment. In order to prevail, she must prove:

A) it was psychologically injurious for her to see the calendar over Homer's desk.
B) the calendar made her feel uncomfortable.
C) the display of Homer's calendar was so severe or pervasive as to alter the conditions of her employment.
D) All of the choices are correct.

Question 29

Allison saw her supervisor, Roger, fondling Kay, one of her co-workers. Later, she asked Kay about the incident and she discovered that Roger had made repeated attempts to get Kay to have sex with him. 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. Roger terminated Allison's employment 2 weeks later, alleging insubordination.

A) Allison cannot file a claim with the EEOC because she was not the person that was sexually harassed.
B) Allison cannot file a claim with the EEOC because she was not able to convince Kay to file a complaint for sexual harassment.
C) Allison can file a claim with the EEOC for retaliatory discharge.
D) Allison cannot file a claim with the EEOC for retaliatory discharge because Kay might get fired.

Question 30

Tyree hires Marg as a teller at the Middletown Bank. He is the branch manager. A few weeks later, Tyree asks Marg to go to dinner with him. At dinner, he asks her how she likes her new job. She tells him that she enjoys the work. He tells her she has a great future with the bank, if she will be his special friend. The next day, Tyree calls Marg into his office to tell her that he is promoting her to head teller. He suggests that they have sex in his office. Fearful about her job, Marg agrees. After a year of intermittent sexual relations with Tyree, Marg tells him that the relationship is over. When Marg applies for the job of assistant branch manager, Tyree selects another teller in the branch with less experience for the job. The bank has a well-developed harassment policy, which requires complaints of sexual harassment be made to the HR department. Marg does not report the harassment to HR, but she does file a complaint with the EEOC.

A) Middletown is not liable for the quid pro quo sexual harassment of Marg by Tyree because Marg failed to report the harassment pursuant to its sexual harassment policy.
B) Middletown is not liable for hostile work environment sexual harassment of Marg by Tyree because the employer prohibited sexual harassment in its policies.
C) Middletown is liable for the hostile work environment sexual harassment of Marg by Tyree because Tyree is her boss.
D) Middletown is liable for the sexual harassment of Marg by Tyree because an employer has strict liability for quid pro quo harassment.

Question 31

Frank works as a cook at the Breakwater Swim and Tennis Club. He is enamored with Brenda, one of the swimming instructors. She has shown no interest in him but he has been stalking her, and making threats and degrading sexually charged comments to her. Frank has been careful to keep his behavior very low-profile. If Brenda can bring a claim of sexual harassment against Frank, Breakwater:

A) will be liable for Frank's behavior, regardless of the state of its knowledge of her activities.
B) will not be liable for Frank's behavior, unless it can be shown that it knew or should have known of Frank's behavior and took no action.
C) cannot be held liable for Frank's behavior, under any circumstances, since he was not a supervisory employee of Breakwater.
D) will have a cause of action against Frank for intentional infliction of emotional distress.

Question 32

"Love Contracts" are being used by executives when they engage in personal intimate relationships with co-workers

A) to settle sexual harassment claims after the employee has filed a lawsuit against the employer.
B) to settle sexual harassment claims after an employee has filed an official complaint according to the company's sexual harassment policy.
C) to defend against sexual harassment claims by having the executive and the employee state that they both have entered into the relationship voluntarily and that they will use the company's sexual harassment policy to resolve any future problems.
D) to prevent the employee from hiring a lawyer to draft a contract to resolve a sexual harassment claim filed by the employee.

Question 33

In Ellison v. Brady, the court determined whether the sexual harassment was severe and pervasive enough to constitute hostile work environment by

A) asking whether a reasonable person would have found the harasser's conduct offensive
B) asking whether a reasonable victim would have found the harasser's conduct offensive
C) asking whether anyone would have found the harasser's conduct offensive
D) None of the choices are correct.

Question 34

At the end of Rex's first year as an associate, Patty calls him into her office and tells him that he is not partnership material and he should consider looking for a job elsewhere. Rex files a complaint with the EEOC for sexual harassment. Rex did not file a complaint using the company's sexual harassment policy.

A) Cantor & Gallup may not be liable for sexual harassment because they had a reasonable antidiscrimination policy in place and Rex failed to use it.
B) Cantor & Gallup would not be liable for sexual harassment because Rex never complained to anyone, even though they did not have a sexual harassment policy in place.
C) Cantor & Gallup would be strictly liable for sexual harassment because Patty told Rex that he was not partnership material and he should consider looking for a job elsewhere.
D) Cantor & Gallup would be liable for sexual harassment only if Rex quit claiming constructive discharge due to a hostile work environment.

Question 35

Norbert and Sues are both linemen for a utility company. They have been working together for almost two years. Norbert frequently tells Sue that the job is called "lineman" not "lineperson" or "linewoman" and that it is not for women. He plays practical jokes on her such as hiding some of her tools or sabotaging her truck so it won't start. He asks her when she is going to get pregnant and stay home to take care of her children. He gives her copies of help wanted ads for secretary and waitress jobs. If Sue complains about Norbert's conduct

A) Norbert will not be found to have committed sexual harassment against Sue because he has never made physical contact with her.
B) Norbert will not be found to have committed sexual harassment against Sue because there was nothing sexual in his comments.
C) Norbert will be found to have committed sexual harassment against Sue because his comments violated the Pregnancy Discrimination Act.
D) Norbert will be found to have committed sexual harassment against Sue because his comments are sufficiently severe or pervasive to create a hostile work environment.

Question 36

The requirement that complained of behavior be severe and pervasive in order for it to amount to actionable sexual harassment, means

A) it must be more than occasional or it must be very serious in degree.
B) it must cause severe psychological harm to the victim.
C) that it be part of a protracted and determined campaign of harassment.
D) that it involves physical, as well as emotional, abuse.

Question 37

In order for the pattern of activity necessary to prove a claim of sexual harassment be demonstrated, the plaintiff:

A) must show premeditation.
B) need not show that the complained of activity occurred over a protracted period of time, if it was sufficiently frequent or intensely offensive.
C) must show that more than one harasser was involved.
D) must demonstrate, by clear and convincing evidence, that he or she was never complicit with any sexually oriented behavior involving the defendant.

Question 38

Maxwell's interest in an intimate relationship with his supervisor, Gloria, was genuine in the beginning, but later cooled, at which point Gloria immediately ceased any pursuit of the relationship. Should Maxwell later have a professional falling out with Gloria, could he successfully assert the behavior that occurred during his relationship with Gloria as evidence of sexual harassment?

A) No, because, at the time it occurred, it was welcome behavior.
B) No, because claims of sexual harassment must be asserted before the pattern of complained of activity ceases.
C) Yes, because any sexual behavior between members of the same workforce is legally sufficient to prove sexual harassment.
D) Yes, because any sexual behavior between a supervisor and a subordinate is legally sufficient to prove sexual harassment.

Question 39

Pam worked as a security guard. The other security guards, all men, routinely verbally harassed her because she was doing a "man's work." Additionally, they would hide her badge and keys to the client's doors. Her uniform was greased and motor oil was poured inside her purse while it was in her locker. Pam complained to her supervisor who asked immediately if any of the men had ever touched her. When she said no, the supervisor said there was nothing he could do to stop it, that it was just horseplay.

A) Pam does not have a claim for sexual harassment because none of the men have touched her in a sexual way.
B) Pam does have a claim for sexual harassment because she is being harassed because she is a woman.
C) Pam does not have a claim for sexual harassment because no tangible employment action has been taken with regard to Pam's job.
D) None of the choices are correct.

Question 40

Rena is a veterinary nurse at Paws Animal Clinic, which has 14 employees. She is working the late shift one night when Omar, a day shift worker, sexually assaults her in the parking lot.
I) Rena has a claim against her employer for sexual harassment under Title VII.
II) Rena can sue Omar for assault and battery.
III) Omar can be prosecuted under criminal law.

A) I
B) I and II
C) II and III
D) I, II and III

Question 41

The definition of sexual harassment is found in

A) Title VII of the Civil Rights Act of 1964.
B) an amendment to Title VII by the Civil Rights Act of 1991.
C) the Fair Labor Standards Act.
D) None of the choices is correct.

Question 42

Myrna, a waitress, complains to her boss that, Simon, a frequent patron of the restaurant, has been engaging in what she considers to be sexually harassing behavior. Myrna details Simon's activities to her boss, requests that Simon be asked to stop, and that she not be required to wait on him in the future. Myrna's boss, Stuart, the restaurant owner, says he will look into the matter. Not wishing to upset one of his best customers, Stuart puts the matter off for a few weeks, and when he eventually does get around to dealing with it, he tells Simon only that he should go a little easier on Myrna. Stuart does nothing about Myrna's request to be relieved of any obligation to wait on Simon. Is Stuart in any danger of sexual harassment liability, and what effect, if any, will his handling of the situation have?

Question 43

Connie was employed by the Beaufort Distributing Company. She worked at an off site location keeping track of the inventory in that facility. Connie was the only female in the building and Milton, her supervisor, subjected her to constant verbal abuse. He used vulgar language to refer to women and told lewd jokes in her presence. Additionally, Milton commented on her breasts daily, usually asking if he could touch them and offering to allow her to leave early if she would let him look at them. After 7 months, Connie couldn't take it anymore and quit. She never complained to Milton's supervisor about his behavior. Explain what Connie must prove in order to maintain a claim for sexual harassment and constructive discharge. Discuss how Beaufort Distributing Company would defend against this claim.

Question 44

Lucille is an electronics assembler at a Universal Global Industries factory. Bob is a quality controller for the assembly line on which Lucille works. He is also the son-in-law of the plant manager. He asks Lucille for oral sex. She refuses. Bob tells her that she better reconsider or she will be sorry. Bob starts finding fault with the quality of Lucille's work and she has to re-assemble some of the products on which she has previously worked. As a result, her wages decline because she is paid by the volume of products that she produces. He also tells his mother-in-law, the plant manager, that Lucille has been flirting with him. Lucille is reprimanded for flirting with Bob. Lucille knows that Universal Global has a sexual harassment policy but she does not use it. Instead, she files a complaint with the EEOC.

A) Universal Global will be liable to Lucille for quid pro quo sexual harassment because she has suffered a loss of a tangible employment benefit.
B) Universal Global will not be liable to Lucille for quid pro quo sexual harassment because Bob is not her supervisor.
C) Universal Global may be liable to Lucille for hostile work place sexual harassment because Bob's actions were severe and pervasive.
D) Universal Global will not be liable to Lucille because it did not know about Bob's actions nor could it have reasonably known.

Question 45

When an employee alleges sexual harassment based on a hostile workplace environment

A) the more severe the conduct, the less extensive it need be for it to be found to be hostile.
B) the more severe the conduct, the more extensive it should be for it to be found to be hostile.
C) the conduct must be severe and extensive over a protracted period of time.
D) None of the choices are correct.

Question 46

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

Question 47

What are the elements of a prima facie case of hostile environment harassment?

Question 48

Alma worked on the assembly line in the New Satellite Radio Company factory. The reputation of the working atmosphere at New Satellite was so bad that it was considered the last resort of anybody who needed a job. Alma's supervisor, Helena, accused her of having sex with the factory owner, Milos, and suggested that Alma date some of the male employees instead. Helena brought a copy of a tattoo magazine, which included nude photos of Alma, to the factory and showed it to some employees. Milos talked to Alma about sex, asked her to watch pornographic movies with him and asked her for dates. Alma gave Milos excuses rather than direct refusals because she feared the loss of her job. Twice, when Alma asked male co-workers to move boxes of parts for her, they refused and she cursed at them. They responded by calling her vulgar names. They told her that some of the guys at work had plans to see her tattoos in person. Alma quit and filed a complaint of sexual harassment.

A) Alma cannot show that she found the behavior in the plant offensive because she posed for nude pictures in a magazine that was circulated in the plant and she cursed at her co-workers.
B) Alma cannot show that she found Milos' sexual advances to be unwelcome because she did not tell him.
C) Alma cannot complain about her supervisor's comments because her supervisor is female.
D) None of the choices are correct.

Question 49

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