Business Law Test 3: Part 3

If retaliation is involved in a sexual harassment case, the court is likely to: A) do nothing—retaliation is to be expected. B) refer the matter to criminal court. C) award punitive damages as a way to punish bad behavior and deter future behavior. D) dismiss any claims against the harassee.

C) award punitive damages as a way to punish bad behavior and deter future behavior.

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: A) it is sexual harassment only if the harassee is a female employee. B) it is sexual harassment as the law strives to totally devoid workplaces of sexuality. C) it cannot be termed sexual harassment as it was once consensual in nature. D) it can become sexual harassment at the time the activity is no longer consensual.

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

A well-drafted employer sexual harassment policy should have a single point of contact to receive, investigate and act on claims of sexual harassment.

False

Elena works in a mostly-male workplace and each day is subjected to endless comments such as "you're doing men's work" or "you're taking the job away from a man." These types of comments may be the basis for a sexual harassment claim.

True

In addition to bringing a lawsuit under Title VII, harassees may bring a civil action in state (and sometimes federal) court alleging any of the following except: A) Assault and/or battery B) False imprisonment C) Interference with contractual relations D) Sexual harassment

D) Sexual harassment

Sexual harassment law is well-established, and has developed over a long period of time (more than 100 years). The first sexual harassment case was heard in the U.S. Supreme Court in 1902.

False

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," "*****," 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? A) Adrianne can prevail on a hostile environment sexual harassment claim because Gregory's hostility has a component specifically directed at women. B) 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. C) Adrianne cannot prevail on a hostile environment gender discrimination claim because Gregory has not asked her for sexual favors. D) Adrianne cannot prevail on a complaint of hostile environment sexual harassment because Gregory invariably yells at his male employees as well.

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

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

False

Which of the following statements is true of quid pro quo sexual harassment? A) It requires an employee to engage in sexual activity in exchange for workplace entitlements or benefits. B) It seldom leaves a paper trail that can be followed. C) It involves creating an offensive work environment rather than engaging in sexual activity. D) It is difficult to recognize this type of harassment because there is always confusion about what activity constitutes the offense.

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

Which of the following is untrue about a "love contract"? A) Love contracts are meant for employees at all levels of the company. B) The love contract restates the voluntary nature of the relationship. C) The love contract confirms both parties' understandings of the existence of an employer's sexual harassment policy. D) The love contract is an agreement of the parties that they will use alternative dispute resolution to resolve any conflicts that arise, rather than take it to the courts.

A) Love contracts are meant for employees at all levels of the company.

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? A) No, because it was welcome behavior at the time it occurred. B) No, because Title VII of the Civil Rights Act of 1964 protects only female employees from harassment. C) Yes, because any sexual behavior between members of the same workforce is legally sufficient to prove sexual harassment. D) Yes, because the intent of the anti-sexual harassment law is to make the workplace devoid of sexuality.

A) No, because it was welcome behavior at the time it occurred.

Lorena, an assembler at United Widgets, is sexually propositioned by Paul, who is the head of the quality control department. Upon Lorena's refusal, Paul starts finding fault with the quality of her work, and she is eventually demoted. Lorena believes that if she complains against Paul to the company's management, no action will be taken against him because of his reputation with senior management. Though United Widgets has a sexual harassment policy in place, Lorena 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? A) United Widgets will be liable to Lorena for quid pro quo sexual harassment for the acts of its supervisor Paul. B) United Widgets will not be liable to Lorena for quid pro quo sexual harassment because Paul is only a supervisor and not the owner. C) United Widgets will be liable to Lorena for quid pro quo sexual harassment only if it knew about Paul's actions and failed to take any action against him. D) United Widgets will not be liable to Lorena because she failed to use the company's sexual harassment policy.

A) United Widgets will be liable to Lorena for quid pro quo sexual harassment for the acts of its supervisor Paul.

An employer can use the Ellerth/Faragher affirmative defense in a case where the: A) employer had a reasonable sexual harassment policy, and the harassee unreasonably failed to use it. B) harasser initiated a tangible unfavorable job action against the harassee. C) harassee and the harasser have already signed a "love contract." D) employer was aware of the sexual harassment at the workplace but failed to take action against the offenders

A) employer had a reasonable sexual harassment policy, and the harassee unreasonably failed to use it.

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: A) 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. B) affirm that they end the relationship with immediate effect and that Lakeisha accept money in return for any damages caused during their relationship. C) affirm that they shall resolve any work-related dispute through litigation and not through other alternative dispute resolution mechanisms. D) restate that under no circumstances shall Lakeisha adopt retaliatory conduct against Wilson in the future if their relationship ends in a bad manner.

A) 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.

The requirements for hostile work environment sexual harassment include all of the following except: A) the employee does not like the project they were just assigned. B) the employer has knowledge of the harassment but took no action. C) the harassment is based on gender. D) the harassment is not welcomed by the employee.

A) the employee does not like the project they were just assigned.

An employer's sexual harassment policy should include all of the following except: A) A process for making, investigating, and resolving a sexual harassment claim B) A penalty of dismissal for every proven incidence of sexual harassment, regardless of severity C) Procedures for education and training D) A discussion of policy and of prohibited conduct

B) A penalty of dismissal for every proven incidence of sexual harassment, regardless of severity

Alternative dispute resolution (ADR) is a popular way of handling sexual harassment claims for many reasons. These reasons include all of the following except: A) ADR is usually less acrimonious than a courtroom proceeding. B) ADR is a part of the public record, so it acts as a sort of precedent to be followed in the future. C) ADR is a faster and more confidential process than traditional litigation. D) ADR is often less costly than traditional litigation.

B) ADR is a part of the public record, so it acts as a sort of precedent to be followed in the future.

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? A) Breakwater Swimming Club will be liable for Frank's behavior, regardless of its ignorance of Frank's activities. B) 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. C) Breakwater Swimming Club will not be liable for Frank's behavior under any circumstances because private employers are not covered under Title VII of the Civil Rights Act of 1964. D) Breakwater Swimming Club will have a cause of action against Brenda if it can be shown that Frank only made threats but did not physically harass her.

B) 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.

Some of the ways that an employer can avoid liability for sexual harassment in the workplace include all of the following except: A) Establish "love contracts" where appropriate for senior executives. B) Coach the harassee on ways that he/she can avoid the situation. C) Teach employees (and especially supervisors) about what constitutes sexual harassment, and the company's policies for handling it. D) Monitor the paper trails for unexpected information—raises given or not given that seem out of line; promotions, demotions and/or terminations that occur without a plausible explanation, etc.

B) Coach the harassee on ways that he/she can avoid the situation.

In responding to sexual harassment claims, employers often have difficulty determining who they should believe. The EEOC's Policy Guidance on Harassment suggests some factors to consider, although no one factor is necessarily determinative. Those factors include all of the following except: A) Does the person have a reason to lie? B) Does the person have any known weaknesses such as financial difficulties, substance abuse, etc.? C) Does the information given make sense? Is it plausible? D) Does any other witness or evidence corroborate the testimony given?

B) Does the person have any known weaknesses such as financial difficulties, substance abuse, etc.?

Which of the following activities is least likely to be considered hostile work environment sexual harassment? A) repeated touching and groping by a supervisor B) a "nudie" calendar (featuring nude women in suggestive positions) hangs in the workroom, an area where the complaining party is unlikely to be on a daily or even a weekly basis C) a supervisor frequently dropping various items (pens, file folders, etc.) on the floor and requesting female employees pick them up just so that he can look down their blouses or up their skirts D) a supervisor repeatedly demanding that a female employee reach into his front pocket to remove change or other items

B) a "nudie" calendar (featuring nude women in suggestive positions) hangs in the workroom, an area where the complaining party is unlikely to be on a daily or even a weekly basis

When the harassment is by one employee to another (each employee on relatively the same level within the employer), or by a customer or client (someone not employed by the employer), which type of sexual harassment is it? A) quid pro quo sexual harassment B) hostile work environment sexual harassment C) non-employment-related sexual harassment D) private sexual harassment

B) hostile work environment sexual harassment

Sexual harassment class action trials are rare mainly because: A) the Equal Employment Opportunity Commission has limited power to enforce sexual harassment claims. B) 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. C) claimants are not entitled to any compensatory damages on winning the claim. D) the Civil Rights Act of 1991 is not clear about what constitutes sexual harassment and what does not

B) 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.

Which of the following groups may be responsible for sexual harassment in a workplace (i.e., are the "harassers")? A) Coworkers B) Supervisors or managers C) Clients or customers D) All of the above

D) All of the above

In evaluating a claim of sexual harassment made by a woman, the standard used by the courts to determine whether the harassment was sufficiently severe and pervasive, is: A) A reasonable man standard. B) The victim's perspective. C) A reasonable woman or reasonable victim standard. D) A neutral standard developed by the Court in Bates v. Wineaker.

C) A reasonable woman or reasonable victim standard.

To establish a hostile environment sexual harassment case, an employee must establish all of the following except: A) It affects a term or condition of the harassee's employment. B) It is unwanted by the harassee. C) It is based on the harasser's gender. D) It is sufficiently severe or pervasive.

C) It is based on the harasser's gender

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? A) Jason cannot file a claim for sexual harassment because he is a man, and workplace sexual harassment claims are normally made by women. B) Jason cannot file a claim for sexual harassment because he participated by being sexually intimate with her. C) Jason can file a claim for quid pro quo sexual harassment. D) Jason can only file a claim for hostile work environment sexual harassment.

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

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? A) Rochelle has a claim under quid pro quo sexual harassment. B) Rochelle has a claim under hostile work environment sexual harassment. C) 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. D) Rochelle does not have a claim because sexual harassment has to involve physical assault to be considered unlawful

C) 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.

What is the Ellerth/Faragher affirmative defense? A) An employer's attempt to avoid liability for a sexual harassment claim on the basis of its prior record. B) The employer should not be held responsible for the harassing behavior because the harasser was not an employee. C) The employer maintained a reasonable antidiscrimination policy and the employee (plaintiff) did not use it. D) The employer maintained an antidiscrimination policy that most were unfamiliar with, but is excused because the policy might have led to a different result.

C) The employer maintained a reasonable antidiscrimination policy and the employee (plaintiff) did not use it.

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? A) The reasonable offender standard B) The average person standard C) The reasonable victim standard D) The average third-party standard

C) The reasonable victim standard

Managers investigating sexual harassment claims by an employee should: A) keep the matter confidential and not notify the alleged harasser until the investigation is completed and the company has decided on the corrective action to be taken. B) ask the employee to take a sabbatical until the end of the investigation. C) inform the claimant that the harasser will be notified of the complaint and that the company will not allow the harasser to retaliate against him or her for filing the complaint. D) ask the claimant to submit valid proof against the alleged harasser before starting the investigation.

C) inform the claimant that the harasser will be notified of the complaint and that the company will not allow the harasser to retaliate against him or her for filing the complaint.

Quid pro quo sexual harassment involves all of the following except: A) a promise of a workplace benefit B) a workplace benefit given in exchange for sexual activity by the person being harassed C) the behavior is repeated and severe D) there is generally a paper trail including a notice of promotion, a raise, etc.

C) the behavior is repeated and severe

Albert and Stacy are part of the cheese production team at the Millsburg Creamery. All of the team members share a harmonious work relationship. However, a calendar featuring a semi-nude woman in a sexually suggestive pose on Albert's desk made Stacy uncomfortable. She asked Albert to remove it, but Albert would not, insisting that he had been getting that same brand of calendar for five years and saw no reason to replace it. To file and prevail on a sexual harassment claim, Stacy must prove that: A) the images on the calendar clash with her religious beliefs. B) their employer has tried to take remedial action against Albert several times. C) the calendar on Albert's desk created a hostile or abusive work environment. D) no other male employee in the workplace has displayed such obscene images of women.

C) the calendar on Albert's desk created a hostile or abusive work environment.

Inga is an employee at the Bulk Food warehouse. Derek, a truck driver working with the logistics company that supplies Bulk Food products to all supermarkets, makes lewd remarks and asks for sexual favors whenever he sees Inga. Though she warns him against such behavior, he continues to harass her. An upset Inga complains to her supervisor, who in turn tells her that it is not the company's problem as Derek is an outsider. Thus, no corrective action is taken on Bulk Food's end. Which of the following holds true in this case? A) Bulk Foods is not liable for sexual harassment because Derek is not its employee B) Bulk Foods is not liable for sexual harassment because Title VII of the Civil Rights Act of 1964 does not protect employees of private employers. C) Bulk Foods is liable for sexual harassment only if Inga is physically harassed by Derek. D) Bulk Foods is liable for sexual harassment regardless of whether the harasser is a co-worker or a third party.

D) Bulk Foods is liable for sexual harassment regardless of whether the harasser is a co-worker or a third party.

Tyson, the branch manager at Middletown Bank, hires Marge as a teller. A few months later, he urges her to engage in some sexual activity with him in return for a promotion to the post of senior teller. Fearful about losing her job, Marge agrees. After a year of an intermittent sexual relationship with him, she tells him that the relationship is over. When she applies for the job of assistant branch manager, Tyson selects another employee in the branch with less experience for the job. In spite of the bank's well-developed sexual harassment policy, which requires complaints of sexual harassment be made to the human resources department, Marge files a complaint with the Equal Employment Opportunity Commission (EEOC). Which of the following holds true in this case? A) Middletown Bank is not liable for sexual harassment because Marge failed to report the harassment pursuant to its sexual harassment policy. B) Middletown Bank is not liable for sexual harassment because it prohibited sexual harassment in its policies. C) Middletown Bank will face limited liability for hostile environment sexual harassment. D) Middletown Bank will face strict liability for quid pro quo harassment.

D) Middletown Bank will face strict liability for quid pro quo harassment.

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: A) he will not be found to have committed sexual harassment against Suzie because he never made physical contact with her. B) he will not be found to have committed sexual harassment against Suzie because there were no sexual overtones in his comments. C) he will be found to have committed sexual harassment against Suzie because his comments violated the Pregnancy Discrimination Act. D) he 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.

D) he 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.

Red Ink Systems wants to develop a zero tolerance policy on sexual harassment. The company's policy should include a provision to: A) relocate a sexual harassment claimant to a different office. B) limit training about sexual harassment to lower-level management. C) terminate any employee accused of sexual harassment without wasting time on investigation. D) investigate all sexual harassment claims and circulate information only on a need-to-know basis.

D) investigate all sexual harassment claims and circulate information only on a need-to-know basis.

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

False

Sexual harassment doesn't have much tangible cost to a business; instead, it is a matter of business or employer reputation.

False

Allison dated Jacob, her supervisor, for three months. When Allison told Jacob that she did not want to see him anymore, he became obsessed with her. He started e-mailing her at work, dropping by her house, and stalking her after work. Jacob gave Allison a poor review, and eventually, she was fired. Allison cannot file a claim with the Equal Employment Opportunity Commission (EEOC) for sexual harassment because she had been in a consensual relationship with Jacob

False

In hostile work environment sexual harassment any incident, no matter how seemingly small or insignificant, can constitute sexual harassment.

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.

False

An individual reporting sexual harassment may request that their alleged harasser not be informed of the investigation out of fear of retaliation. The employer should not agree to this, and the alleged harasser should be informed of the investigation so that his/her side of the story is on the record too.

True

Antifemale animus is a factor frequently present in hostile environment sexual harassment claims that do not involve sexual behaviors

True

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.

True