Question 1

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.

Accepted Answer

Pam is being verbally harassed and targeted because of her gender, which is a form of sexual harassment. It doesn't have to involve physical touch to constitute harassment. Pam's supervisor should have taken action to stop the behavior, regardless of whether or not it has led to a tangible employment action.

Question 2

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

Accepted Answer

False

Question 3

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

Accepted Answer

According to the legal definition of a hostile work environment, the harassing conduct must be severe and/or pervasive in order to meet the threshold for sexual harassment.

Question 4

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

The answer of Sandra dated Henry,her supervisor,for 3 months.She told...

Question 5

The fact that sex-related conduct was voluntary on the part of the plaintiff,in the sense that the plaintiff was not forced to participate against her or his will is a legitimate defense to a sexual harassment suit brought under Title VII.

Accepted Answer

Voluntary participation does not negate the possibility of a hostile work environment or quid pro quo harassment under Title VII. Consent is not a defense if the conduct was unwelcome or if it affected employment conditions.

Question 6

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 derogatory language specifically targeted at female employees creates a hostile environment that is gender-based. Even though he yells at both male and female employees, the additional language used towards women is discriminatory in nature and can lead to a hostile environment for female employees. Adrianne can potentially prevail on a complaint of hostile environment gender discrimination.

Question 7

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

Rosalind's mixed signals and inconsistent behavior make it difficult for her suitor to determine whether his advances were unwanted, which weakens her claim of sexual harassment.

Question 8

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

Complimenting someone on their appearance is not necessarily sexual harassment. However, it is important to ensure that compliments are appropriate and not excessive, and that they do not create a hostile or uncomfortable work environment.

Question 9

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 can file a claim for quid pro quo sexual harassment since his boss, Katrina, explicitly offered him a promotion in exchange for sex, and then retaliated against him by firing him when he tried to end the relationship. It doesn't matter that Jason participated in the lunch or had sex with Katrina, as long as it was not consensual and was a condition for his employment. The fact that he is a man does not disqualify him from filing a claim for sexual harassment.

Question 10

Employers are liable for sexual harassment by a supervisor even if the harassment takes place outside the workplace.

Accepted Answer

The employer is responsible for preventing and addressing sexual harassment by supervisors or managers, regardless of where it occurs, as long as it affects the employee's work environment or job opportunities. This is known as vicarious liability.

Question 11

A claimant cannot file a claim for sexual harassment unless the harassing activity occurred during the work day or on the employer's premises.

Accepted Answer

A claimant can file a claim for sexual harassment that occurs outside the workplace or outside regular work hours as long as the behavior is related to the employment relationship.

Question 12

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

Simone is experiencing a hostile work environment, which is a form of sexual harassment. The other managers are creating a pervasive and offensive working environment with their repeated and inappropriate behavior. This behavior is severe and pervasive enough to alter Simone's working conditions and create a hostile work environment. The fact that the Vice-President of Human Resources did not take Simone's complaint seriously also shows that the company may be liable for allowing this behavior to continue.

Question 13

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

Accepted Answer

The court in Ellison v. Brady determined whether the sexual harassment created a hostile work environment by asking whether a reasonable victim would have found the harasser's conduct offensive. This standard is used to assess the subjectivity of the victim's experience and includes consideration of the victim's perspective and the perspective of a reasonable person in the victim's position.

Question 14

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

Accepted Answer

The answer of Claims for sexual harassment do not have...

Question 15

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

Although John is not Paul's supervisor, he can still be held liable for sexual harassment. Additionally, harassment can occur between individuals of the same gender and is not limited to opposite-sex harassment. Therefore, Paul may have a valid claim for sexual harassment.

Question 16

Trevor hires Zoe to work as a customer relations representative at the Apples to Zucchini Produce Wholesalers.He is the general manager.A few weeks later,Trevor asks Zoe 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 company if she will be his special friend.The next day,Trevor calls Zoe into his office to tell her that he is promoting her to shift supervisor.He suggests that they have sex in his office.Fearful about her job,Zoe agrees.After a year of intermittent sexual relations with Trevor,Zoe tells him that the relationship is over.When Zoe applies for the job of customer service manager,Trevor selects a new customer service representative for the job.The company has a well-developed harassment policy that includes an easily accessible complaint system.Zoe files a complaint with the EEOC.

Accepted Answer

According to the strict liability standard set by the Supreme Court, employers are responsible for the actions of their supervisors, regardless of whether or not they knew about the harassment. Additionally, the fact that the company had a well-developed harassment policy does not absolve them of liability if that policy was not effectively enforced or if the complainant was subjected to retaliation.

Question 17

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. Restating the voluntary nature of the relationship and affirming the use of the company's sexual harassment policies shows that the relationship is consensual and emphasizes the importance of following company policies. Agreeing to use alternative dispute resolution rather than the courts can help avoid public legal battles and maintain a professional working environment.

Question 18

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 nonemployees as it is judged by the same standards as for coworkers. Larry's behavior towards Marlena is considered sexual harassment and Marlena has already complained about it to her supervisor. The supervisor's response is not appropriate as it is Super Buzz's responsibility to take action and protect their employee from harassment, regardless of whether the harasser is an employee or not.

Question 19

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

Accepted Answer

The case of Oncale v. Sundowner Offshore Services Inc, held that same-sex harassment is a form of actionable sexual harassment under Title VII of the Civil Rights Act of 1964. The court held that the critical inquiry was whether the conduct occurred because of the victim's gender, rather than the sex of the victim and the harasser. This decision expanded the protection against sexual harassment in the workplace to include harassment by members of the same sex.

Question 20

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

Accepted Answer

The answer of Consensual sexual relationships between a supervisor and...

Quiz 8: Gender Discrimination