Deck 8: Harassment

Question 1

In the case in which a woman ended her brief fling with a supervisor while on vacation, and was demoted when she rebuffed him, the appeals court ruled:

A)to affirm the summary judgment ruling in favor of the male supervisor because no harassment was proven
B)to reverse the summary judgment ruling in favor of the male supervisor because the woman raised issues of material fact
C)to dismiss the case for failure to state a cause of action
D)to reverse the summary judgment ruling in favor of the male supervisor because he was not the woman's supervisor

Answer 1

B

Question 2

Regarding an employer's vicarious liability for harassment, which of the following statements is true?

A)the employer automatically has an affirmative defense to vicarious liability when a hostile environment is created by a top official
B)the employer automatically has an affirmative defense to vicarious liability when harassment by a coworker occurs
C)a supervisor creates a hostile environment and the employer does not have a sexual harassment policy or complaint reporting procedure
D)the employer is automatically vicariously liable when a top official takes an adverse employment action against the employee

Answer 2

C

Question 3

A valid investigation of a harassment claim by an employer requires at least due process.

Answer 3

False

Question 4

Which of the following should be included in an employer's policy prohibiting harassment?

A)assurance that employees reporting harassment will be transferred to a new position
B)assurance of complete, strict confidentiality in handling harassment complaints
C)a clear and accessible procedure for reporting harassment
D)a warning that harassment, if not proven, may result in the employee losing employment

Question 5

Which of the following is a necessary element of a sexual harassment claim?

A)the harasser intended to inflict emotional distress and embarrassment on the victim
B)the sex of the harasser differed from the sex of the victim
C)the harassment was unwelcome
D)the harasser made a sexual advance or requested a sexual favor

Question 6

If an employee is subject to severe harassment, and quits his position to escape it, the court will likely rule:

A)that because he quit, no tangible employment action can be proven
B)that the quit is a constructive discharge, which constitutes a tangible employment action if it results from a demotion or pay cut
C)that a hostile environment is presumed, but that the employee waived the right to sue when he left

Question 7

The plaintiff in a harassment case must prove:

A)the harassment was because of sex
B)the harassment was directed toward a protected class
C)the harassment was welcome
D)the harassment created a hostile work environment

Question 8

In the case of "equal opportunity harassers" who harass both men and women, the courts tend to rule: ​

A)for the harasser, because the harassment is not because of sex ​
B)for the harasser, because harassment is not proven in that circumstance
C)for the victim of the harassment, because the harassment is because of sex
D)for the victim of the harassment, because harassment is proven generally

Question 9

Which of the following is part of the "affirmative defense" available to employers in certain hostile environment cases?

A)the employer exercised reasonable care to prevent and correct promptly any harassment
B)the employer knew or should have known about the harassment
C)the employee took advantage of preventive or corrective measures provided by the employer
D)the employee failed to create a harassment policy

Question 10

In a case in which the employee claimed harassment by her supervisor in which he altered her work hours with the knowledge that doing so would adversely affect her hypoglycemia; frequently stood at her desk and stared angrily at her; startled her by pounding on her desk with his fist; criticized her work unfairly; and yelled at her in front of co-workers, the court ruled that:

A)no sexual harassment was proven, because no demand for sexual favors was made
B)no sexual harassment was proven, because no hostile environment was created
C)a hostile environment was created by the supervisor's conduct
D)no harassment could be proven without verbal or physical conduct of a sexual nature

Question 11

Same-sex harassment is actionable only if it is "because of sex."

Question 12

The primary difference between harassment that results in tangible employment action and harassment that creates a hostile working environment is:

A)the level of proof required in the prima facie case for harassment that results in tangible employment action
B)the availability of a rebuttal to the plaintiff if the employer proves a reason for the hostile environment
C)the criteria for proving harassment that results in a tangible employment action is less stringent
D)the criteria for finding employers liable differs depending on the outcome of the harassment

Question 13

Which of the following is true of harassment?

A)all harassment cases involve sexual harassment
B)harassment is legally actionable because it is a form of discrimination
C)harassment claims are rarely brought by men
D)all harassment claims are actionable

Question 14

Regarding the "severe" or "pervasive" standard for assessing harassment cases, which of the following statements is NOT true? ​

A)to prove harassment, the plaintiff must show that the conduct complained of was both severe and pervasive, unless it occurred outside work
B)to prove harassment, the plaintiff must show that the conduct complained of was severe or pervasive
C)the degree of severity required is in inverse proportion to its pervasiveness
D)none of these

Question 15

Regarding harassment, which of the following statements is NOT true?

A)harassment is a serious problem in the workplace
B)the definition of harassment is contained in the federal AntiHarassment Law
C)the definition of harassment does not include workplace bullying
D)not every form of workplace bullying is legally actionable

Question 16

As the Assistant Human Resources Manager, you have learned from another employee that a co-worker is being harassed by her supervisor. Assuming your firm has no anti-harassment policy,you should undertake all of these actions EXCEPT:

A)nothing unless the victim herself files a claim, because there is no anti-harassment policy, so you have no authority in the matter
B)investigate the claim and report the harassment to your superiors
C)create and enforce an anti-harassment policy for your firm
D)offer to transfer the employee to another job

Question 17

Which of the following is true regarding the role of conduct outside of the workplace in harassment cases?

A)employers can be held liable based on harassing conduct that occurs outside of the workplace
B)the sexual activities of persons who allege harassment will be examined in order to determine whether the treatment received was unwelcome
C)the marital statuses of the plaintiff and the alleged harasser will be taken into account in determining whether harassment occurred
D)all of these

Question 18

Not just sexual harassment, but all forms of harassment are prohibited by Title VII.

Question 19

To be actionable, the more "severe" harassment is, the less "pervasive" it needs to be.

Question 20

When a female supervisor demands sexual favors from a male employee so that he can keep his job or get a raise, it is called this: ​

A)same sex harassment
B)quid pro quo harassment
C)severe or pervasive harassment
D)cruel and unusual harassment

Question 21

You are a salesperson for a pharmaceutical company, a job it was difficult to get. After you'd been there a while, there was another opening, and you recommended your friend, Paul.  He was hired, and the two of you have enjoyed working together ever since. Recently, the secretary for the sales team has confided in you that Paul has been acting inappropriately, and most recently, cornered her in the supply room, and pushed her up against the wall with his body, and caressed her with his hands. She does not know that you recommended Paul to the firm. Of the following choices, what should you do? ​

A)tell her not to worry, that it will pass, because Paul is not normally like this
B)tell her not to worry, that you'll talk to Paul, and tell him to stop it
C)tell her to report Paul to Human Resources, and you'll tell them you saw it
D)talk to Paul, and tell him that if he doesn't stop it immediately, and apologize, you will report him to Human Resources

Question 22

Your co-worker, a new employee, is painfully shy. She works, as you do, as a clerical assistant to an architect in the firm you both work for. Her architect, a boorish male with a foul mouth and grabby hands, has had trouble keeping an assistant, and you know why. But even though this fellow has continued in his usual behavior, applying it now to her, she  seems to be unable to decide what to do, and seeks your advice.  Knowing how these cases are decided, what would be the best advice you could give her? ​

A)she should  say nothing; just keep working, and do a good job
B)she should act friendly, but refuse his advances
C)she should tell him she's not interested, and just wants to work
D)the next time he tries something, she should just punch him in the eye

Question 23

Why is each of the following good legal advice? ​
a. Employers are strongly advised to establish, communicate, and enforce policies prohibiting harassment.
b. Complaint procedures should provide employees with multiple, accessible parties to whom reports of harassment can be made.
c. Employers must respond to complaints of harassment promptly and in a manner reasonably calculated to end the harassment.
d. Terminations or other discipline imposed against harassers must be conducted in the same careful manner as any other terminations or disciplinary actions.
e. Care should be exercised in using transfers or reassignments to deal with harassment. ​

Question 24

Imagine that you are the judge hearing a case for sexual harassment filed by a woman who reports that she was forced to have sex in the workplace with her supervisor. She admits that for some months prior to the event, she displayed her body through seminude photos, lifted her skirt to verify an absence of undergarments, made highly salacious comments, and offered sexual gratification "to employees, customers, and competitors alike." Knowing what you know about harassment, what should you decide? ​

A)for the woman, because the forced sex proves harassment
B)for the woman, because her flirting did not justify the forced sex
C)for the employer, because the harassment was not unwelcome
D)for the employer, because she had a reputation for being "easy"

Question 25

A male customer of a sports bar has taken a particular liking to one of the waitresses, and always asks to be seated at her station, so that she will wait on him. He has spoken to the manager of the bar, and generously tipped him to insure that he will get her station. But the waitress does not want to wait on the customer, because he grabs and pinches her rear, tries to tuck money down her top, and frequently pulls her down onto his lap. She asks the bar manager not to let him sit at her station any more, but the manager tells her it's good money (he does tip her well), and she should be nice to him. If she files suit for harassment, what will the court most likely rule?

A)for the employer, because the customer does not have the power to affect her employment status, so that his conduct cannot result in a tangible employment action against her
B)for the employer, because the customer has not committed harassment
C)for the employee, because the customer has committed harassment
D)for the employee, because the customer has committed harassment, the employer knew about it, and did nothing

Question 26

How does employer liability for harassment by a co-worker or third party compare or differ with the company's liability for harassment by supervisors, managers or other top officials? ​