Question 1

To constitute actionable sexual harassment,the conduct complained of:

Accepted Answer

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 2

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?

Accepted Answer

Universal Industries will be liable to Lucia for quid pro quo sexual harassment because of the acts of its supervisor Mark. An employer is strictly liable for the tangible acts of its supervisors regardless of whether the specific acts complained of were authorized or even forbidden by the employer and regardless of whether the employer knew or should have known of their occurrence.

Question 3

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:

Accepted Answer

To file and prevail on a sexual harassment claim, Julia must prove that the calendar creates a hostile or abusive work environment. Hostile environment sexual harassment occurs when the harassment is unwanted by the harassee, is based on the harassee's gender, creates for the harassee a hostile or abusive work environment, unreasonably interferes with the harassee's ability to do his or her job, is sufficiently severe and/or pervasive, and affects a term or condition of the harassee's employment.

Question 4

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

Accepted Answer

An employer can use the Ellerth/Faragher defense in a case where the employer had a reasonable sexual harassment policy, and the harassee unreasonably failed to use it. This defense is not permitted in a case where there is a tangible unfavorable job action by a supervisor.

Question 5

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?

Accepted Answer

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. According to the U.S. Supreme Court, when there is no official act resulting in the constructive discharge of an employee, and thus, no way for an employer to be made aware that there was an issue resulting in the constructive discharge, rather than strict liability attaching to the employer, the employer is able to use the Ellerth and Faragher affirmative defense to show how it tried to avoid liability.

Question 6

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?

Accepted Answer

If Colleen files a complaint of sexual harassment due to a hostile work atmosphere, then the reasonable victim standard is most likely to be used by courts in evaluating the harassing activity. The reasonable victim standard views the harassing activity from the perspective of a reasonable person experiencing the harassing activity including gender-specific sociological, cultural, and other factors.

Question 7

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?

Accepted Answer

Super Buzz is liable for sexual harassment even if the harassment is by a co-worker or a third party. When the harassment is by someone who is not employed by the employer, such as a client or someone who comes in to service the machinery at the employer's business, the employer is liable if the employer knew or should have known of the acts of the harasser and took no immediate corrective action.

Question 8

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:

Accepted Answer

Norbert 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. 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 9

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?

Accepted Answer

Allison can file a claim with the Equal Employment Opportunity Commission on behalf of Kay for sexual harassment and retaliation. Anyone who has observed sexual harassment or retaliation should report it to a designated investigative officer. A complaint need not be limited to someone who was the target of harassment or retaliation.

Question 10

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?

Accepted Answer

Adrianne can prevail on a complaint of hostile environment sexual harassment because Gregory's hostility has a component specifically directed at women. To sustain a finding of hostile environment sexual harassment, it is generally required that the harassment be based on gender.

Question 11

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.

Accepted Answer

The U.S. Supreme Court held 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 of Oncale v. Sundowner Offshore Services, Inc. It said "the objective severity of harassment should be judged from the perspective of a reasonable person in the plaintiff 's position. "

Question 12

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

Accepted Answer

In the Meritor Savings Bank, FSB v. Vinson case, an employee alleged sexual harassment even though she lost no tangible job benefits. The U.S. Supreme Court determined that quid pro quo was not the only type of sexual harassment. For the first time, the U.S. Supreme Court determined that this kind of situation constituted hostile environment sexual harassment.

Question 13

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:

Accepted Answer

Hostile environment sexual harassment requires that the offending activity be sufficiently severe and/or pervasive. That is, the activity is not an isolated occurrence that is not serious enough to warrant undue concern. The more frequent or serious the occurrences, the more likely it is that the severe and/or pervasive requirement will be met.

Question 14

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

Accepted Answer

If there is no tangible employment act by a supervisor, such as termination, and instead there is activity by a supervisor causing a severe and/or pervasive hostile environment resulting in harm to the harassed employee (for instance, the supervisor may constantly ask the employee out on dates and make sexual comments but still give the employee her usual raises and promotions), the employer is not strictly liable. The employer can use the Ellerth/Faragher defense to show that the employer had a reasonable sexual harassment policy to prevent and address sexual harassment, and the harassed employee unreasonably failed to use it.

Question 15

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?

Accepted Answer

Aged in Oak is liable for hostile work environment sexual harassment by Simone's co-workers. When the harassment is by one employee toward another on the same level, the employer is liable if the employer knew or should have known of the acts of the harasser and took no immediate corrective action.

Question 16

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?

Accepted Answer

The law firm would be strictly liable for sexual harassment. An employer is strictly liable for the tangible acts of its supervisors regardless of whether the specific acts complained of were authorized or even forbidden by the employer and regardless of whether the employer knew or should have known of their occurrence. Since the supervisor is, in effect, the employer, the supervisor's acts are considered those of the employer. The law firm cannot claim the Ellerth/Faragher defense (that it did not know of the harassment because Rex did not report it) because this defense is not permitted in a case where there is a tangible unfavorable job action by a supervisor.

Question 17

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?

Accepted Answer

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. When there is no official act resulting in an employee's constructive discharge, and thus, no way for an employer to be made aware that there was an issue resulting in the constructive discharge, rather than strict liability attaching to the employer, the employer is able to use the Ellerth and Faragher affirmative defense to show how it tried to avoid liability.

Question 18

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

Accepted Answer

One of the most troublesome problems with hostile environment sexual harassment 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. If it is egregious enough, one time may meet the severity requirement, for example, in the case of rape.

Question 19

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?

Accepted Answer

No, Maxwell cannot assert that the behavior that occurred during his relationship with Gloria is evidence of sexual harassment because at the time it occurred, it was welcome behavior. If a sexual activity is wanted or welcome by the 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 20

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?

Accepted Answer

Pam has a claim for sexual harassment because she is being harassed on the basis of her gender. Despite the lack of sexual overtones (though the comments are obviously based on gender), harassing a female employee because she does "a man's job" could well constitute sexual harassment.

Quiz 9: Sexual Harassment