Sexual Harassment

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The Regulation of the Employment Relationship
The Employment Law Toolkit: Resources for Understanding the Law and Recurring Legal Concepts
Title Vii of the Civil Rights Act of 1964
Legal Construction of the Employment Environment
Affirmative Action
Race and Color Discrimination
National Origin Discrimination
Gender Discrimination
Sexual Harassment
Sexual Orientation and Gender Identity Discrimination
Religious Discrimination
Age Discrimination
Disability Discrimination
The Employees Right to Privacy and Management of Personal Information
Labor Law
Selected Employment Benefits and Protections

All Questions

Question 1

Free

True/False

The first sexual harassment class action was approved in Burlington Industries,Inc.v.Ellerth.

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True

False

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Question 2

Free

True/False

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

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True

False

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Question 3

Free

True/False

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

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True

False

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Question 4

Free

True/False

Hostile environment sexual harassment is generally easier to recognize than quid pro quo sexual harassment.

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True

False

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Question 5

Free

True/False

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

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True

False

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Question 6

True/False

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.

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True

False

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Question 7

True/False

In a sexual harassment claim,it is a defense to liability if an employer can show that a harassee unreasonably failed to avail himself or herself of a mechanism the employer had in place for preventing or correcting sexual harassment.

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True

False

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Question 8

True/False

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

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True

False

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Question 9

True/False

When a female employee is verbally harassed about doing men's work,taking away the job a man should have,or simply inappropriately working at a traditionally male job,it constitutes sexual harassment.

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True

False

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Question 10

True/False

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.

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True

False

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Question 11

True/False

Every act of sexual harassment in the workplace must result in automatic termination.

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True

False

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Question 12

Multiple Choice

Sexual harassment class action trials are rare mainly because:

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the Equal Employment Opportunity Commission has limited power to enforce sexual harassment claims.

most cases 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.

claimants are not entitled to any compensatory damages on winning the claim.

the Civil Rights Act of 1991 is not clear about what constitutes sexual harassment and what does not.

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Question 13

Multiple Choice

Which of the following statements is true of complaints about acts of sexual harassment?

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They are accepted only if they are in a written form.

They need not be treated seriously or investigated if made anonymously.

They can be made by anyone who has observed the harassment in the workplace.

They are accepted only in cases where the harassee is a female employee.

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Question 14

Multiple Choice

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?

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Jason cannot file a claim for sexual harassment because he is a man, and workplace sexual harassment claims are normally made by women.

Jason cannot file a claim for sexual harassment because he participated by being sexually intimate with her.

Jason can file a claim for quid pro quo sexual harassment.

Jason can only file a claim for hostile work environment sexual harassment.

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Question 15

Multiple Choice

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

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It requires an employee to engage in sexual activity in exchange for workplace entitlements or benefits.

It seldom leaves a paper trail that can be followed.

It involves creating an offensive work environment rather than engaging in sexual activity.

It is difficult to recognize this type of harassment because there is always confusion about what activity constitutes the offense.

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Question 16

Multiple Choice

When an employee alleges sexual harassment based on a hostile work environment,the:

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harassment should be sufficiently severe or pervasive to create an abusive working environment.

harassee needs to show that the employer was completely unaware of the sexually hostile work environment.

harassee, if male, needs to show that he belongs to a protected group.

harassment needs to only exist and need not be severe or extensive in nature to be found to be hostile.

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Question 17

Multiple Choice

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:

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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.

affirm that they end the relationship with immediate effect and that Lakeisha accept money in return for any damages caused during their relationship.

affirm that they shall resolve any work-related dispute through litigation and not through other alternative dispute resolution mechanisms.

restate that under no circumstances shall Lakeisha adopt retaliatory conduct against Wilson in the future if their relationship ends in a bad manner.

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Question 18

Multiple Choice

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?

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Rochelle has a claim under quid pro quo sexual harassment.

Rochelle has a claim under hostile work environment sexual harassment.

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.

Rochelle does not have a claim because sexual harassment has to involve physical assault to be considered unlawful.

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Question 19

Multiple Choice

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:

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it is sexual harassment only if the harassee is a female employee.

it is sexual harassment as the law strives to totally devoid workplaces of sexuality.

it cannot be termed sexual harassment as it was once consensual in nature.

it can become sexual harassment at the time the activity is no longer consensual.

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Question 20

Multiple Choice

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?

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Adrianne can prevail on a hostile environment sexual harassment claim because Gregory's hostility has a component specifically directed at women.

Adrianne can prevail on a complaint of hostile environment gender discrimination only under state laws but not under Title VII of the Civil Rights Act of 1964.

Adrianne cannot prevail on a hostile environment gender discrimination claim because Gregory has not asked her for sexual favors.

Adrianne cannot prevail on a complaint of hostile environment sexual harassment because Gregory invariably yells at his male employees as well.

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