Sexual Harassment

A female employee who regularly comes to work dressed in a short, tight, skirt and top with a low neckline, can not make a sexual harassment complaint againd=st anyone who makes a sexual comment about her attire. True or False.

False

An employee who gives in to the demand for sex in order to avoid consequences forfeits his or her claim for quid pro quo sexual harassment. True or False.

False

Only women can file sexual harassment cases. True or False

False

Sexual desire is a key element to any claim for sexual harassment. True or False

False

Any romantic messages you send via work email could be available for public inspection.

True

Cody is a unit supervisor for the Board. Drew, an office technician, sits in a row of five open workstations right outside Cody's office. On Drew's first day, Cody gives Logan, another office technician, a lingering hug and kiss on the lips. Cody says, while looking Drew up and down, "welcome to Cody's World. If you remember just one rule: what Cody wants, Cody gets, you'll have a bright future here." The next day, Logan arrives early to work to be seated before Cody arrives, but Cody starts rubbing Logan's shoulders and says, "you can't stay seated forever." Drew sees and hears these interactions. Logan tells Drew what is happening and Drew says, "just get over it." Drew starts losing sleep and misses work because of Cody's mistreatment of Logan. Choose the Best Answer: A. Drew cannot state a claim for hostile work environment because Drew told Logan not to complain. B. Drew has personally witnessed Cody's harassment of Logan and, therefore, can sue Cody and the Board for sexual harassment due to a hostile work environment.

B. Drew has personally witnessed Cody's harassment of Logan and, therefore, can sue Cody and the Board for sexual harassment due to a hostile work environment.

Tamika starts as a supervisor for the Commission in Yuba County. The other four supervisors and all the field crews at the Yuba County office are men. Eve, the District Administrator does not think women should be field supervisors and resents that headquarters is "forcing an affirmative action case" on her office. Eve tells the other supervisors and crew members, "the field is no place for a woman." She tells Tamika's crew to "keep an eye on her" and "use your own judgment in the field." During office meetings, around the office, and in emails, Eve consistently refers to Tamika as "little one," "Wonder Girl," "Oprah Jr.," and similar names. Tamika tells Eve she is undermining her but Eve tells her to "grow a pair or you'll never make it out there." Choose the best answer: A. Eve's use of diminutive nicknames and undermining of Tamika's authority is OK because Tamika needs to demonstrate the ability to supervise men in what can be an inherently crude environment. B. Eve's nicknames and statements undermining Tamika's authority have created a hostile work environment. C .Because Eve has no interest in Tamika sexually, her hostile behavior is not actionable as sexual harassment.

B. Eve's nicknames and statements undermining Tamika's authority have created a hostile work environment.

ABC Co. provides all employees a handbook that details ABC's "zero tolerance" sexual harassment policy, and instructs employees to call ABC's HR Department immediately if they experience or witness any sexual harassment. Quinn, an ABC supervisor, walks by Pat's desk and whispers to Pat that he should "forget" to wear undergarments the next day. Pat, shocked, pretends not to have heard. From then on, Quinn whispers similar comments to Pat every opportunity they are alone in the office. Pat does nothing, thinking it is only a matter of time before Quinn, who is an incompetent supervisor, is replaced. After six months, Quinn is terminated for poor performance, at which point Pat recounts all of Quinn's past actions to a senior executive and asks the manager to make sure the next supervisor is "less disgusting." Choose the best answer: A. Pat cannot sue anyone for sexual harassment because six months have gone by and Pat waited until Quinn was fired before anything was shared with management. B. Pat can sue both Quinn and ABC, but ABC can try to reduce the amount it must pay by arguing that the harassment would have stopped if Pat called HR after Quinn's first comment. C. Pat can only bring a claim against Quinn. ABC is not liable because Pat chose not to follow the instructions in the employee handbook.

B. Pat can sue both Quinn and ABC, but ABC can try to reduce the amount it must pay by arguing that the harassment would have stopped if Pat called HR after Quinn's first comment.

Sam, a senior supervisor for the Department calls Maggie into his office. He tells her that if she'd like to avoid a bad review she must perform a sexual act with him. He grabs her and pushes her to the ground. Maggie manages to escape Sam's grasp and flees. Jose sees Maggie running out of Sam's office in distress and thinks her blouse may have been partially off. Katie sees Maggie in the restroom crying and fixing a tear in her blouse. Maggie tells Katie about the attack. Sam abruptly promotes Maggie. Katie and Jose tell the Equal Employment Opportunity (EEO) Officer what they saw and heard. Sam denies anything happened. Maggie files a complaint with the California Department of Fair Employment and Housing alleging quid pro quo sexual harassment. Choose the best answer: A. Sam is a senior executive and no one witnessed the alleged unwelcome conduct so no one will believe Maggie. B. Because Maggie was promoted she suffered no damages, so there can be no claim for quid pro quo harassment. C. A reasonable investigator would conclude, based on circumstantial evidence and credibility assessments, that quid pro quo sexual harassment did occur.

C. A reasonable investigator would conclude, based on circumstantial evidence and credibility assessments, that quid pro quo sexual harassment did occur.

Cody and two office technicians, Parker and Rachel, are openly in a sexual relationship. Cody regularly calls them to the office for "special consultations." Their sexual congress is audible through the door. Cody gives Parker and Rachel preferred shifts, bonuses, and training denied to others. Cody allows Parker and Rachel to use Drew, Logan, and Timothy, another office technician, to do their work and run personal errands for them. Drew, Logan, and Timothy are disgusted but work together to make sure they excel at all assignments. Choose the best answer: A. Drew and Logan can successfully maintain a sexual harassment/hostile work environment - widespread sexual favoritism claim against Parker and Rachel but not Cody. B. Timothy, who has never been harassed by Cody, cannot maintain a successful action for sexual harassment/hostile work environment - widespread sexual favoritism. C. Drew, Logan and Timothy can successfully sue Cody, Parker, Rachel and the Board for sexual harassment/ hostile work environment - widespread sexual favoritism.

C. Drew, Logan and Timothy can successfully sue Cody, Parker, Rachel and the Board for sexual harassment/ hostile work environment - widespread sexual favoritism.

Carl has been a manager for the Board for 5 years. Carl approaches another manager, Terry, and tells him that she identifies as a transgender woman and is beginning the process of transitioning at work. From now on, Carl would like to be called Kay, will be wearing clothing consistent with an identity as a woman, and prefers the use of feminine pronouns. As the weeks pass, Kay's coworkers become accustomed to her new name and appearance, but some of them inadvertently refer to Kay as "Carl" and use the masculine pronoun "he," especially when telling stories about things that happened before Kay's transition. Usually, the coworkers quickly correct themselves when this happens. Terry, however, pointedly says "good morning, Carl," when Kay passes by, and makes comments like "nice dress, dude." Kay, embarrassed, says nothing to Terry or anyone else about these comments for months. What advice would you give Kay? A. Kay should keep her head down and try to focus on work. Not everyone is going to be comfortable with her gender transition and she should expect some negative comments and remarks. B. Kay has a claim for discrimination and harassment because of gender identity and gender expression against the Board because of Terry's treatment of her, as well as because of her coworkers' occasional use of the wrong name and pronoun. Those coworkers should be reprimanded and notes placed in their files. C. Kay has a claim against Terry and the Board because of Terry's negative comments and purposeful, repeated use of the wrong name and pronouns. Her coworkers' occasional and accidental mistakes do not create a situation of discrimination or harassment.

C. Kay has a claim against Terry and the Board because of Terry's negative comments and purposeful, repeated use of the wrong name and pronouns. Her coworkers' occasional and accidental mistakes do not create a situation of discrimination or harassment.

Jason is a new employee at the Authority and having difficulty learning the office protocols. He asks his supervisor Ming for assistance. In a loud, sarcastic voice, audible throughout the open work station area, Ming tells Jason: "I've showed you how to do this simple, simple, simply simple three simple step procedure over and over and over. You should have been paying attention. I won't show you again!" Choose the best answer: A. Jason can sue Ming for abusive conduct. B. Jason should have paid better attention earlier. C. Ming's actions constitute abusive workplace conduct, and can likely be disciplined for violation of workplace behavior policies. D. Ming's conduct exposes the Authority to liability for unlawful discrimination.

C. Ming's actions constitute abusive workplace conduct, and can likely be disciplined for violation of workplace behavior policies.

Sara is the Deputy Director of a state agency. She approaches Nancy, an office technician, and says, "Hi Nancy. I've seen you at the gym. You seem to have a great time in Zumba! And so sexy! Nancy, I'd love to take you to Tahoe this weekend. Just the two of us." Nancy is stunned and intimidated by the attention. She says, "Well Sara, I'm flattered, but I'm not interested." Sara smiles wanly and says, "Well, I had to ask. You are just so sexy. But I get it. I'll leave you alone." Sara does not proposition or engage in any unwelcome conduct toward Nancy again. Three months later Nancy is late to work for three days and her supervisor threatens to deny her MSA if she is late again. Choose the best answer: A. Nancy can establish a claim for quid pro quo sexual harassment because Sara should never have asked a subordinate on a date. B. Nancy cannot establish a claim for quid pro quo sexual harassment because there is no evidence that she is a lesbian. C. Nancy's claim for quid pro quo sexual harassment is weak because there is no evidence that Sara was offering job benefits if Nancy said yes, or threatening punishment if Nancy said no.

C. Nancy's claim for quid pro quo sexual harassment is weak because there is no evidence that Sara was offering job benefits if Nancy said yes, or threatening punishment if Nancy said no.

Warren, a member of Tamika's crew, frequently refuses to follow her orders, saying, "your boss told me to use my own judgment." Warren and Ben routinely interrupt team meetings by burping, talking and laughing. They insincerely offer "apologies to your ladyship." Frank tells Warren and Ben, "leave my gal alone." Frank repeatedly comments on Tamika's appearance saying things like, "you are the hottest boss I've ever had, " and, "dollface, you can tell me what to do whenever and wherever you want." He repeatedly asks her out even though Tamika makes clear she is happily married. Tamika is afraid to call Eve on her behavior, but complains about the treatment by her crew. Eve takes her written complaint but takes no action. Choose the best answer: A .Frank cannot be found liable for hostile work environment sexual harassment because he is defending Tamika. B. Warren and Ben are not liable for sexual harassment because there is no evidence that their disruptive actions are substantially motivated by Tamika's sex. Besides, their actions are neither severe nor pervasive. C. The Commission is liable for the sexual harassment of Warren, Ben and Frank because management knew or should have known of their behavior.

C. The Commission is liable for the sexual harassment of Warren, Ben and Frank because management knew or should have known of their behavior.

Blake, the sole proprietor of Acme Co., has decided to expand and compete for state contracts. Blake hires Jack, an independent contractor, to install a computer network. Jill responds to Blake's Craigslist ad for an office manager. Blake threatens to sue Jack for breach of contract unless Jack agrees to engage in sexual activity. Blake also tells Jill the job is hers if she agrees to have sex. Choose the best answer: A. Jack can't sue Blake because he is an independent contractor. B. Jill can't sue Blake because Acme Co. has fewer than five employees. C. Jack can't sue Blake because he is a man. D. Jack and Jill can sue Blake for quid pro quo sexual harassment. E. Jack can sue Blake for quid pro quo sexual harassment but Jill canterm-34not.

D. Jack and Jill can sue Blake for quid pro quo sexual harassment.

The Fair Employment and Housing Act makes it unlawful to engage in behavior that a reasonable person in the employee's place would find demeaning. True or False

False

The employer's duty to take immediate, effective action in response to a claim of sexual harassment only applies where there is a creditable report or threat of unwanted physical contact. True or False

False

California law is broader than federal law in providing protection against sexual harassment. True or False

True

Sexual harassment is any ___________________ sexual conduct, either verbal or physical, in the workplace. A. Physical B. Unwelcome C. Blatant D. Verbal

Unwelcome

The most effective way to establish that conduct is unwelcome is to tell your co-worker that the behavior makes you uncomfortable and that you want it to stop.

True

In California, volunteers and unpaid interns are protected against sexual harassment. True or False

True

Independent contractor are protected from sexual harassment in California. True or False

True

Individuals can be personally liable for sexual harassment. True or False

True

Sex, sexual orientation, gender, gender identity and gender expression are all protected classes under the FEHA (California Fair Employment and Housing Act). True or False

True

The DFEH can seek injunctive relief to compel employers to take all reasonable steps to prevent unlawful discrimination without proving an underlying violation of the FEHA. True or False

True

Hostile work environment harassment may be created by management, supervisors, co-workers, or even by people who are not employees. Ture or False

True

If possible, when is the best time to make a sexual harassment charge?

A. A few months after the incident. B. Soon after the incident occurred. C. When someone asks you about the incident. D. After the incident occurs a few more times. E. Never, just ignore it.

Employees who have been discriminated against may be entitled to legal remedies that include, but are not limited to:

A. Back pay B. Promotion C. Punitive damages D. A and C E. All of the above.

Which of the following is NOT an example of physical sexual harassment?

A. Cornering someone or blocking their passageway. B. Whistling or making "cat-calls". C. Hugging or kissing a someone without their permission. D. Rubbing genitals against someone. E. Committing sexual assault or rape.

Your district may not transfer you to a lower-paying job, pass you over for a promotion, fire you or retaliate against you, if you:

A. Create a severe and pervasive hostile work environment. B. File a discrimination charge. C. Participate in, or testify in, an investigation or lawsuit related to discrimination law. D. Oppose employment practices that you reasonably believe violate discrimination laws. E. A and D F. B, C and D

What standard do courts use to determine whether conduct is unwelcome, offensive, sexual harassment?

A. Employee safety standard B. Personnel management standard C. Reciprocation standard D. Reasonable person standard E. Unbecoming conduct standard

Which of the following is NOT an example of physical sexual harassment?

A. Staring at someone inappropriately (i.e., "undressing someone with your eyes"). B. Touching, patting, caressing, pinching or grabbing someone. C. Providing unsolicited back or neck massages. D. Playing with someone's hair.

If you ask someone out, consider any response other than a definite "yes," a definite "no."

True

In California, individuals can be personally liable for sexual harassment. True or False

True

One way to respond to sexual harassment is by confronting the harasser and explaining that the behavior is neither appreciated nor welcomed. This is called:

A. Using a direct approach B. Using an indirect approach C. Informing a supervisor D. Filing a formal complaint E. Filing a charge

One way to respond to sexual harassment is by sending the harasser a letter that details the dates, places and descriptions of each incident. This is called:

A. Using a direct approach B. Using an indirect approach C. Informing a supervisor D. Filing a formal complaint E. Filing a charge

California law identifies 17 specific protected bases for employment discrimination, harassment and retaliation. True or False

True

Ming writes an email to Jason which reads: "Jason, are all Irish mutts as stupid as you? What is it about that thick potato head of yours that you can't understand the most simple, simple, simple instructions?" Choose the best answer: A. Ming would likely be found personally liable for harassment based on race, ancestry, national origin. B. The Authority is strictly liable for the harassment by Ming, its supervisor. C. Jason can recover damages from Ming, personally. D. All of the above.

D. All of the above.

The Manager of custodial services only gives preferable assignments to women in the department. He ignores information requests from men and excludes them from many meetings. He claims that women are "easier to deal with because they don't argue with him and are willing to run personal errands for him." This is an example of what type of harassment? A. Sexual orientation harassment B. Same-sex harassment C. Gender discrimination D. Age discrimination

Gender discrimination

In California, if an employee does not take advantage of the established internal complaint process, the employer has a complete defense to an action for sexual harassment. True or False.

False

Only employers with 5 or more employees are liable for sexual harassment under the FEHA. True or False

False

Sexual harassment laws prohibit you and your supervisor from engaging in consensual sexual conduct and/or a romantic relationship outside of work.

False

An employee can file a claim for sexual harassment even if the supervisor took no adverse employment action (e.g., termination, failure to hire, demotion), against the employee. True or False

True

Unpaid interns and volunteers are protected under federal laws against sexual harassment. True or False

False

Before you can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), you must file a lawsuit in court.

False

Courts have deemed romantic messages sent via work email private communication, so they're not subject to scrutiny by your employer.

False

If the alleged harasser denies the charge, a claim for sexual harassment cannot be successful without a neutral witness or documentary evidence supporting the complainant's accusations. True or False

False

If your colleague tells a crude joke that makes your colleagues laugh, but the joke makes you feel uncomfortable, you should just ignore it.

False

If your supervisor is aware that another employee has asked you out on multiple occasions but you've politely declined each date, your supervisor should refrain from intervening unless you file a complaint.

False

Only co-workers can engage in quid pro quo harassment. True of False.

False

The promise of reward or threat of punishment in exchange for sexual favors must be explicit in order to constitute quid pro quo sexual harassment. True or False

False

Title VII of the Civil Rights Act of 1964 specifies that slights, annoyances and minor, isolated incidents are illegal.

False

To provide hostile work environment sexual harassment, the complaining party must show that they were subjected to unwanted sexual attention that was both severe and pervasive. True or False

False

Volunteers and unpaid interns are not protected against sexual harassment. True or False

False

The reasonable person standard is a test used to determine whether or not conduct could be considered sexual harassment based on a hostile work environment. True or false

True

To prove hostile work environment sexual harassment, the complaining party does not need to show that they suffered an adverse employment action.

True

"Delaying" is one of the "5 Ds" that bystanders can use as a response to sexual harassment.

True: Often, sexual harrassment happens in passing, or the incident is over quickly. If you're unable to intervene in the moment — or if you simply feel uncomfortable doing so — you can delay your assistance. In other words, follow up with the target at a later time. When you do so, offer empathy, and offer support, additional resources and/or incident documentation. You can also delay your confrontation with the offender. Let them know after the fact that you found their behavior inappropriate.

An employer is strictly liable for sexual harassment committed by a supervisor or manager, such as school principals and department heads. True or False

True

_______________ occurs when an employee suffers negative consequences for reporting harassment. A. Quid Pro Quo Harassment B. Discrimination C. Retaliation D. Hostile environment harassment

Retaliation