SEXUAL HARASSMENT MODULE

Review Quiz for AB1825 Trainin

1. An employees refusal to follow a supervisors order that they reasonably believe is
discriminatory is protected activity even if it is not in fact discriminatory.
a. True
b. False
2. In order to be protected aainst retaliation by an employer! an employee has to
e"plicitly say to their supervisor or employer that they believe the conduct is
discriminatory.
a. True
b. False
#. $e"ual harassment is a fault%based scheme and there is no liability where the
harasser does not reali&e the offensive nature of their conduct or there is no intent to
harass the victim.
a. True
b. False
'. (ationwide! less than 2) of all se"ual harassment claims are filed by men.
a. True
b. False
*. +nder the ,alifornia law! someone accused of se"ual harassment can be held
personally liable for damaes.
a. True
b. False
-. ,alifornia and Federal law are similar in that if the harasser is a supervisor or
manaer! the company is only liable if they fail to ta.e immediate and appropriate
corrective action to stop the harassment.
a. True
b. False
/. A victim of se"ual harassment may be entitled to monetary damaes even thouh no
employment opportunity was denied and there was no actual loss of pay or benefits.
a. True
b. False
0. A person who is hyper%sensitive to any statement made about them or others can
successfully sue for se"ual harassment.
a. True
b. False
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3. 4hen investiatin a claim of se"ual harassment! the leislature and courts have
recommended that the employer interview5
a. At least the harasser and the accused
b. The harasser! the accused and at least two witnesses.
c. Anyone with information on the matter! no matter how many people that
is.
12. 6mployees that ather around the water cooler to tell dirty 7o.es and discuss se"ual
e"ploits! salacious celebrity ossip or last nihts rerun of $e" and the ,ity may
enerate a se"ual harassment claims.
a. True
b. False
11. An employer may raise as an affirmative defense the fact that an employee
unreasonably failed to ta.e advantae of preventative or corrective opportunities
provided by the employer to avoid the harm.
a. True
b. False
12. In order to succeed on a claim for hostile environment se"ual harassment! a
wor.er must demonstrate that the harassment caused them to suffer serious
psycholoical in7ury.
a. True
b. False
1#. The behavior of the alleed victim is relevant to the determination of whether an
employee has a successful se"ually hostile wor.place claim.
a. True
b. False
1'. 8i.e! a senior partner! tells a female associate! 9ulie! that he wants her to escort him
to a client dinner. This is the third time in a month that 8i.e has re:uested that 9ulie
escort him to a business%related function. 8i.e tells her she really must o because
it doesn;t loo. ood for him to o without a date. ,an this conduct alone be
considered se"ual harassment<
a. =es
b. (o
1*. 8arcys boss Fred often approaches her wor.station and tells her se"ually e"plicit
7o.es. 8arcy does not personally consider >obs conduct offensive! but other
reasonable person certainly would. ,an 8arcy state a claim for se"ual
harassment<
a. =es
b. (o
1-. ,arla wor.s with 8arcy and Fred! and sits in the wor.station ne"t to 8arcy.
Althouh Fred directs his conversation to 8arcy! ,arla can easily overhear the
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se"ually e"plicit 7o.es. $he finds them offensive and becomes uncomfortable
whenever she sees Fred approach 8arcys des.. ,arla has as.ed Fred to stop! but he
has inored her re:uest. ,an ,arla state a claim for se"ual harassment<
a. =es
b. (o
1/. >ob! who owns a small printin company is sued by his former receptionist Tina!
who claims she was harassed by a fellow employee. >ob .new nothin about this
before the lawsuit was filed. ,an >ob;s company be held liable for any damaes
awarded to Tina<
a. =es
b. (o
10. A harasser can be which of the followin<
a. $upervisor
b. ,o%wor.er
c. ,ustomer
d. ,ontract employee
e. All of the above
13. ,onduct considered to be se"ual harassment can come in which of the followin
forms<
a. ?hysical touchin
b. @etters and ifts
c. ?osters and calendars
d. 6%mail
e. All of the above
22. 6mployees who purposely misstate a claim of se"ual harassment can be disciplined
or fired by the company and sued by the accused for slander.
a. True
b. False
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SEXUAL HARASSMENT MODULE
Review Quiz for AB1825 Trainin
ANS!ER "E#
1. A +nder the Yanowitz v. LOreal case! the court ruled that an employees
refusal to follow a supervisors order that the employee reasonably believes
to be discriminatory constitutes protected activity under the F6AA.
2. B +nder the Yanowitz v. LOreal decision! the court stated that when the
employer! in liht of all the circumstances! .nows that the employee believes
the order to be discriminatory! even when the employee does not specifically
state to her supervisor or employer that she believes the order to be
discriminatory is protected from retaliation.
#. B In the case of Lisle v. Warner Brothers! the court stated that because the
F6AA! li.e Title BII! is not a fault%based tort scheme! unlawful se"ual
harassment can occur even when the harassers do not reali&e the offensive
nature of their conduct or intend to harass the victim.
'. '. B Accordin to recent 66C, statistics! appro"imately 1-) of all
se"ual harassment claims are filed by men. These claims are filed aainst
both men and women enain in the harassment.
*. A The $upreme ,ourt ruled on this in the case of 9ones v. @ode at Torrey
?ines. An individual may still be sued for se"ual harassment! assault! battery!
and intentional infliction of emotional stress. They cannot be sued for
retaliation.
-. B +nder ,alifornia law! which is different from Federal law! employers are
strictly liable for harassment by supervisors or their aents whether they
.new about it or not and did anythin about it or not.
/. A The very fact they had to suffer from the act of se"ual harassment is enouh
to award monetary damaes. An employee does not have to :uit or be fired
in order to state a claim.
0. B In order to file a successful claim! the claimant must be reasonable from
both an ob7ective and sub7ective standpoint. Denerally! if the conduct is not
severe or pervasive! it does not amount to se"ual harassment.
3. C Anyone with information on the matter should be interviewed. Eemember to
as. about facts! documents! and witnesses. The failure to interview anyone
with information may constitute an investiation that is not deemed
thorouh under the law.
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12. A If someone ta.es offense to the se"ual banter it would be wise not to
continue it for fear of creatin a hostile environment claim.
11. A An employer can raise as an affirmative defense that the employee failed to
ta.e advantae of preventative or corrective opportunities provided by the
employer to avoid the harm. Cne reason it is so important to publici&e and
enforce the policies.
12. B In a +.$. $upreme ,ourt case! the court ruled that it was not necessary for a
plaintiff to claim serious psycholoical in7ury to support a se"ual harassment
claim.
1#. A The answer is true. The victims behavior is viewed from a reasonable
person standard. For e"ample! if a claimant overreacts to an item that she
considers to be se"ually hostile! she cannot claim discrimination if it is
unreasonable for her to do so.
1'. B The important word is alone. This is very often how client dinners wor..
This can be considered se"ual harassment only if 9ulie had a reasonable
belief that 8i.e was interested in her romantically and to refuse could result
in neative conse:uences related to her 7ob. If an employees 7ob re:uires
after wor. client contact! meetins and dinners! state that specifically in their
7ob description.
1*. B 8arcy cannot claim se"ual harassment because she was not offended by
Freds conduct.
1-. A The fact that Freds conversation was intended solely for 8arcy does not
insulate the company from a claim by ,arla! who was offended by the
conduct. This is .nown as hostile environment harassment.
1/. B ,ompanies are enerally not responsible for se"ual harassment by a co%
wor.er! if they did not .now about it. The companys e"posure is reatly
dependant on its proactive efforts to prevent harassment in the first place and
how it deals with any complaints made. For e"ample! the 66C, states The
,ommissions lon%standin uidance on employer liability for harassment
by co%wor.ers remains in effectFan employer is liable if it .new or should
have .nown of the misconduct! unless it can show that it too. immediate and
appropriate corrective action. 23 ,.F.E. G 1-2'.11HdI.
10. E $e"ual harassers come in all forms! shapes and si&es. For e"ample! a
company which allows its customers or vendors to constantly flirt with the
receptionist! despite her havin e"pressed her discomfort with the activity!
can open itself up to a se"ual harassment claim.
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13. E $e"ual harassment can come in many forms. The only issue is whether or
not it is considered to be offensive! severe! pervasive! etc.! by a reasonable
person standard.
22. A The law does not protect se"ual harassment claims brouht in bad faith.
8any a career has been ruined by a false accusation that not only set the
employee up to be terminated! but they may also face slander and
defamation claims by the accused.
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