Question 1

Sexual harassment doesn't have much tangible cost to a business; instead,it is a matter of business or employer reputation.

Accepted Answer

Regarding tangible costs, according to the classic 1988 MSPB update study, sexual harassment cost the federal government $267 million from May 1985 to May 1987 for losses in productivity, sick leave costs, and employee replacement costs. A Working Woman magazine survey found the actual cost of sexual harassment in the responding companies to be $6.7 million in low productivity, absenteeism, and employee turnover. In addition, along with the nontangible price they pay, the MSPB found that employees who are sexually harassed pay medical expenses, litigation expenses, and job search expenses, and lose valuable sick leave and annual leave. In the 2016 Final EEOC Select Task Force on the Study of Harassment in the Workplace, issued after an 18-month study of the issue by a select committee that included not only lawyers, but also sociologists, psychologists, trainers, and workplace representatives, the EEOC noted that what brought about the call for the study in the first place was the fact that in the 30 years since sexual harassment had been used as a cause of action, the prevalence of the incidences of the activity was still so very high.

Question 2

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

Accepted Answer

In quid pro quo sexual harassment, an employee is required to engage in sexual activity in exchange for workplace entitlements or benefits such as promotions, raises, or continued employment. The exchange of sex for workplace benefits will often leave a paper trail that can be followed.

Question 3

An individual reporting sexual harassment may request that their alleged harasser not be informed of the investigation out of fear of retaliation.The employer should not agree to this,and the alleged harasser should be informed of the investigation so that his/her side of the story is on the record too.

Accepted Answer

Often harassees report sexual harassment and, out of fear of retaliation, want the employer to provide relief without informing the alleged harasser of the complaint or of the harassee's identity. Harassees should be informed that the alleged harasser must be told of the complaint for the employer to effectively address it but that retaliation will not be tolerated, as the law has separate retaliation provisions.

Question 4

Which of the following groups may be responsible for sexual harassment in a workplace (i.e.,are the "harassers")?

Accepted Answer

Supervisors, managers, coworkers, clients, or customers may be responsible for sexual harassment. However, most people don't recognize sexual harassment when it occurs.

Question 5

In hostile work environment sexual harassment any incident,no matter how seemingly small or insignificant,can constitute sexual harassment.

Accepted Answer

One of the most troublesome problems with hostile environment is determining whether the harassing activity is severe and/or pervasive enough to amount to an unreasonable interference with an employee's ability to perform.

Question 6

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?

Accepted Answer

Jason can file a claim for quid pro quo sexual harassment. In quid pro quo sexual harassment, an employee is required to engage in sexual activity in exchange for workplace entitlements or benefits such as promotions, raises, or continued employment.

Question 7

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

Accepted Answer

In quid pro quo sexual harassment, an employee is required to engage in sexual activity in exchange for workplace entitlements or benefits such as promotions, raises, or continued employment. This is the more obvious type of sexual harassment and is not generally difficult to recognize.

Question 8

Antifemale animus is a factor frequently present in hostile environment sexual harassment claims that do not involve sexual behaviors.

Accepted Answer

A common element of hostile environment sexual harassment cases that may lack an actual sexuality factor is antifemale animus exhibited by the harasser toward those of the harassee's gender. This is manifested through, for instance, the use of derogatory terms when referring to women or making negative comments about their fitness or ability to do the job.

Question 9

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:

Accepted Answer

If a sexual activity is wanted or welcome by a harassee, there is no sexual harassment. If the activity started out being consensual and one employee calls a halt to it and the other continues, it can become sexual harassment at the time the activity is no longer consensual.

Question 10

Sexual harassment law is well-established,and has developed over a long period of time (more than 100 years).The first sexual harassment case was heard in the U.S.Supreme Court in 1902.

Accepted Answer

Sexual harassment law is still evolving. The U.S. Supreme Court did not hear its first sexual harassment case until 1986, and the next one did not come until six years later in 1992. Despite making it clear that sexual harassment is a type of gender discrimination and a violation of Title VII, there are still too many who don't yet "get it."

Question 11

Allison dated Jacob,her supervisor,for three months.When Allison told Jacob 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.Jacob gave Allison a poor review,and eventually,she was fired.Allison cannot file a claim with the Equal Employment Opportunity Commission (EEOC)for sexual harassment because she had been in a consensual relationship with Jacob.

Accepted Answer

The basis of hostile environment sexual harassment actions is unwanted activity by the harasser. If the activity started out being consensual and one employee calls a halt to it and the other continues, it can become sexual harassment at the time the activity is no longer consensual.

Question 12

Sexual harassment class action trials are rare mainly because:

Accepted Answer

Sexual harassment class action trials (actual trials, not lawsuits filed) have been called "a white buffalo" by one lawyer because so few are seen. Many cases are filed, but they 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.

Question 13

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

Accepted Answer

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 14

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?

Accepted Answer

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. One of the most troublesome problems with hostile environment is determining whether the harassing activity is severe and/or pervasive enough to amount to an unreasonable interference with an employee's ability to perform.

Question 15

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.

Accepted Answer

Paul has a claim for same-gender sexual harassment. The Equal Employment Opportunity Commission (EEOC) filed for class action certification in an action against Federal Express Corp. for same-gender sexual harassment in Kankakee, Illinois. Also, Oncale v. Sundowner Offshore Services, Inc., was the U.S. Supreme Court's first case involving same-gender sexual harassment.

Question 16

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:

Accepted Answer

For Wilson and Lakeisha, this love contract will 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. The love contract does three things. First, it restates the voluntary nature of the relationship. Second, it affirms that the parties will use the company's sexual harassment policies if a problem arises, and it confirms the existence of those policies and [procedures]. And third, the parties agree that if work-related disputes arise, they'll resolve their differences using alternative dispute resolution (ADR) rather than resorting to the courts.

Question 17

The requirements for hostile work environment sexual harassment include all of the following except:

Accepted Answer

To sustain a finding of hostile environment sexual harassment, it is generally required that: 1) the harassment be unwelcomed by the harassee; 2) the harassment be based on gender; 3) the harassment be sufficiently severe or pervasive to create an abusive working environment; 4) the harassment affects a term, condition, or privilege of employment; and 5) the employer had actual or constructive knowledge of the sexually hostile working environment and took no prompt or adequate remedial action.

Question 18

A well-drafted employer sexual harassment policy should have a single point of contact to receive,investigate and act on claims of sexual harassment.

Accepted Answer

While a single point of contact makes sense, the policy can be ineffective if that person/office is involved in the harassment.  A sample employer policy might read:  "XYZ Company will provide its employees with convenient, confidential, and reliable mechanisms for reporting incidents of sexual harassment and retaliation. Accordingly, XYZ designates at least two employees in supervisory or managerial positions to serve as investigative officers for sexual harassment issues. The names, responsibilities, work locations, and phone numbers of each officer will be routinely and continuously posted so that an employee seeking such name can enjoy anonymity and remain inconspicuous to all of the employees in the office in which he or she works."

Question 19

Elena works in a mostly-male workplace and each day is subjected to endless comments such as "you're doing men's work" or "you're taking the job away from a man." These types of comments may be the basis for a sexual harassment claim.

Accepted Answer

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

Question 20

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.

Accepted Answer

Simply giving polite compliments is not, in and of itself, sexual harassment. Sexual harassment involves much more.

Quiz 9: Sexual Harassment