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.

Accepted Answer

A compliment on physical appearance or clothing, on its own, does not necessarily constitute sexual harassment. However, if the comments become frequent or inappropriate, it could potentially create a hostile work environment and cross the line into harassment.

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.

Accepted Answer

Rochelle does not have a claim for sexual harassment because her claim would be based on one isolated incident, which is generally insufficient to establish a hostile work environment or quid pro quo harassment.

Question 3

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

Accepted Answer

Employers can be held liable for sexual harassment even if it occurs outside the workplace if it is perpetrated by an employee or agent of the company and if the company knew or should have known about it and failed to take appropriate action. This is known as "vicarious liability." Additionally, employers have a responsibility to provide a safe and respectful work environment for their employees, regardless of where the harassment takes place.

Question 4

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

Accepted Answer

Claims for sexual harassment can be based on other forms of discrimination, such as discrimination based on gender identity or sexual orientation.

Question 5

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

Accepted Answer

The answer of The court applied a reasonable victim standard...

Question 6

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

Accepted Answer

A consensual relationship does not automatically constitute sexual harassment. However, it can lead to conflicts of interest or claims of favoritism, and employers may have policies against such relationships to prevent potential issues.

Question 7

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

Accepted Answer

This is the legal standard established by the Supreme Court in Harris v. Forklift Systems, Inc. (1993).

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."

Accepted Answer

Super Buzz is liable for sexual harassment by Larry, even though he is not their employee. As per the fourth option, the company is responsible for the harassment in the workplace, irrespective of who the harasser is. The supervisor's response is not sufficient, and Super Buzz should take necessary actions to prevent sexual harassment in their workplace.

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

Accepted Answer

All of the choices are correct as they all address important aspects of the love contract. Restating the voluntary nature of the relationship can help protect the company from claims of coercion or harassment. Affirming the use of the company's sexual harassment policies can help ensure that both parties are aware of their rights and responsibilities in the workplace. Agreeing to use alternative dispute resolution can help avoid expensive and time-consuming court battles if a dispute were to arise. Therefore, it is best for Wilson to include all of these provisions in his letter to Lakeisha.

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

Accepted Answer

Aged in Oak is liable for hostile work environment sexual harassment because Simone's coworkers engaged in a pattern of unwelcome and offensive conduct, creating a work environment that was hostile and intimidating because of her gender. The fact that she complained to the Vice-President of Human Resources also suggests that Aged in Oak had knowledge of the harassment, but failed to take appropriate action to address it. Simone does not need to file a formal complaint to be protected by anti-harassment laws. Also, quid pro quo sexual harassment involves offers of job benefits or threats of retaliation in exchange for sexual favors, and there is no evidence of that in this scenario. Finally, it is not necessary for the harassers to be Simone's supervisor for Aged in Oak to be liable for harassment.

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:

Accepted Answer

The case of Oncale v. Sundowner Offshore Services, Inc. established that same-gender sexual harassment is a violation of Title VII of the Civil Rights Act of 1964. The Court held that the law does not require that the harasser and harassed be of opposite sexes, nor does it allow harassment by a member of one sex to be tolerated simply because the victim is of the same sex.

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.

Accepted Answer

Paul may still have a claim for sexual harassment, even if John is not his supervisor and even if John is also a man. Sexual harassment is not limited to opposite-sex interactions, and behavior that creates a hostile or offensive work environment can still be considered harassment regardless of the gender of the individuals involved.

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

Accepted Answer

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.

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.

Accepted Answer

Jason was offered a promotion in return for sexual favors, which is quid pro quo sexual harassment. Despite his participation, it is still considered 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.

Accepted Answer

Gregory's use of obscenities and derogatory terms directed specifically towards women constitutes gender-based hostility, which is a form of discrimination recognized by the EEOC. The fact that he also yells at male employees does not excuse his behavior towards female employees, as the law recognizes that a hostile work environment can be created by behavior that affects one particular group (in this case, women) even if it is not limited to that group. Adrianne's complaint would be analyzed to determine whether the behavior she experienced was severe, pervasive, and objectively offensive. The fact that other female employees have not complained about the behavior is not determinative, as victims of harassment may be reluctant to come forward for a variety of reasons.

Question 16

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

Accepted Answer

Oncale v. Sundowner Offshore Services, Inc. was a landmark Supreme Court case regarding same-sex sexual harassment, but it was not a class action lawsuit.

Question 17

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

Accepted Answer

While the EEOC guidelines on sexual harassment are persuasive and influential, they are not binding on courts. However, courts often rely on the EEOC guidelines to determine whether sexual harassment has occurred and to determine the extent of an employer's liability in a sexual harassment case.

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.

Accepted Answer

The flaw in Rosalind's claim is that her mixed signals made it difficult for the suitor 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.

Accepted Answer

Quid pro quo sexual harassment involves a situation where job benefits are conditioned on sexual favors, not about creating an abusive or intimidating work environment, which is known as hostile work environment harassment.

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.

Accepted Answer

Sandra can still file a claim with the EEOC for sexual harassment if Henry's actions create a hostile work environment or if they are unwelcome, regardless of their past consensual relationship.

Quiz 9: Sexual Harassment