SEXUAL HARASSMENT MODULEReview Quiz for AB1825 Training

1. An employee’s refusal to follow a supervisor’s order that they reasonably believe is discriminatory is “protected activity” even if it is not in fact discriminatory.a. Trueb. False

2. In order to be protected against retaliation by an employer, an employee has to explicitly say to their supervisor or employer that they believe the conduct is discriminatory.a. Trueb. False

3. Sexual harassment is a fault-based scheme and there is no liability where the harasser does not realize the offensive nature of their conduct or there is no intent to harass the victim.a. Trueb. False

4. Nationwide, less than 2% of all sexual harassment claims are filed by men.a. Trueb. False

5. Under the California law, someone accused of sexual harassment can be held personally liable for damages.a. Trueb. False

6. California and Federal law are similar in that if the harasser is a supervisor or manager, the company is only liable if they fail to take immediate and appropriate corrective action to stop the harassment.a. Trueb. False

7. A victim of sexual harassment may be entitled to monetary damages even though no employment opportunity was denied and there was no actual loss of pay or benefits.a. Trueb. False

8. A person who is “hyper-sensitive” to any statement made about them or others can successfully sue for sexual harassment.a. Trueb. False

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9. When investigating a claim of sexual harassment, the legislature and courts have recommended that the employer interview: a. At least the harasser and the accusedb. The harasser, the accused and at least two witnesses.c. “Anyone with information on the matter,” no matter how many people that

is.

10. Employees that gather around the water cooler to tell dirty jokes and discuss sexual exploits, salacious celebrity gossip or last night’s rerun of Sex and the City may generate a sexual harassment claims. a. Trueb. False

11. An employer may raise as an affirmative defense the fact that an employee unreasonably failed to take advantage of preventative or corrective opportunities provided by the employer to avoid the harm.a. Trueb. False

12. In order to succeed on a claim for “hostile environment” sexual harassment, a worker must demonstrate that the harassment caused them to suffer serious psychological injury.a. Trueb. False

13. The behavior of the alleged victim is relevant to the determination of whether an employee has a successful “sexually hostile” workplace claim. a. Trueb. False

14. Mike, a senior partner, tells a female associate, Julie, that he wants her to escort him to a client dinner. This is the third time in a month that Mike has requested that Julie escort him to a business-related function. Mike tells her she really must go because it doesn't look good for him to go without a date. Can this conduct alone be considered sexual harassment?a. Yesb. No

15. Marcy’s boss Fred often approaches her workstation and tells her sexually explicit jokes. Marcy does not personally consider Bob’s conduct offensive, but other “reasonable” person certainly would. Can Marcy state a claim for sexual harassment?a. Yesb. No

16. Carla works with Marcy and Fred, and sits in the workstation next to Marcy. Although Fred directs his conversation to Marcy, Carla can easily overhear the

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sexually explicit jokes. She finds them offensive and becomes uncomfortable whenever she sees Fred approach Marcy’s desk. Carla has asked Fred to stop, but he has ignored her request. Can Carla state a claim for sexual harassment?a. Yesb. No

17. Bob, who owns a small printing company is sued by his former receptionist Tina, who claims she was harassed by a fellow employee. Bob knew nothing about this before the lawsuit was filed. Can Bob's company be held liable for any damages awarded to Tina?a. Yesb. No

18. A harasser can be which of the following?a. Supervisor b. Co-workerc. Customerd. Contract employeee. All of the above

19. Conduct considered to be sexual harassment can come in which of the following forms?a. Physical touchingb. Letters and giftsc. Posters and calendarsd. E-maile. All of the above

20. Employees who purposely misstate a claim of sexual harassment can be disciplined or fired by the company and sued by the accused for slander.a. Trueb. False

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SEXUAL HARASSMENT MODULEReview Quiz for AB1825 Training

ANSWER KEY

1. A Under the Yanowitz v. L’Oreal case, the court ruled that an employee’s refusal to follow a supervisor’s order that the employee reasonably believes to be discriminatory constitutes protected activity under the FEHA.

2. B Under the Yanowitz v. L’Oreal decision, the court stated that “when the employer, in light of all the circumstances, knows 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.

3. B In the case of Lisle v. Warner Brothers, the court stated that “because the FEHA, like Title VII, is not a fault-based tort scheme, unlawful sexual harassment can occur even when the harassers do not realize the offensive nature of their conduct or intend to harass the victim.”

4. 4. B According to recent EEOC statistics, approximately 16% of all sexual harassment claims are filed by men. These claims are filed against both men and women engaging in the harassment.

5. A The Supreme Court ruled on this in the case of Jones v. Lodge at Torrey Pines. An individual may still be sued for sexual harassment, assault, battery, and intentional infliction of emotional stress. They cannot be sued for retaliation.

6. B Under California law, which is different from Federal law, employers are strictly liable for harassment by supervisors or their agents whether they knew about it or not and did anything about it or not.

7. A The very fact they had to suffer from the act of sexual harassment is enough to award monetary damages. An employee does not have to quit or be fired in order to state a claim.

8. B In order to file a successful claim, the claimant must be “reasonable” from both an objective and subjective standpoint. Generally, if the conduct is not severe or pervasive, it does not amount to sexual harassment.

9. C Anyone with information on the matter should be interviewed. Remember to ask about facts, documents, and witnesses. The failure to interview anyone with information may constitute an investigation that is not deemed “thorough” under the law.

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10. A If someone takes offense to the sexual banter it would be wise not to continue it for fear of creating a “hostile environment claim.”

11. A An employer can raise as an affirmative defense that the employee failed to take advantage of preventative or corrective opportunities provided by the employer to avoid the harm. One reason it is so important to publicize and enforce the policies.

12. B In a U.S. Supreme Court case, the court ruled that it was not necessary for a plaintiff to claim serious psychological injury to support a sexual harassment claim.

13. A The answer is true. The victim’s behavior is viewed from a “reasonable person standard.” For example, if a claimant “overreacts” to an item that she considers to be sexually hostile, she cannot claim discrimination if it is “unreasonable” for her to do so.

14. B The important word is “alone”. This is very often how client dinners work. This can be considered sexual harassment only if Julie had a reasonable belief that Mike was interested in her romantically and to refuse could result in negative consequences related to her job. If an employee’s job requires after work client contact, meetings and dinners, state that specifically in their job description.

15. B Marcy cannot claim sexual harassment because she was not offended by Fred’s conduct.

16. A The fact that Fred’s conversation was intended solely for Marcy does not insulate the company from a claim by Carla, who was offended by the conduct. This is known as hostile environment harassment.

17. B Companies are generally not responsible for sexual harassment by a co-worker, if they did not know about it. The company’s exposure is greatly dependant on its proactive efforts to prevent harassment in the first place and how it deals with any complaints made. For example, the EEOC states The Commission’s long-standing guidance on employer liability for harassment by co-workers remains in effect—an employer is liable if it knew or should have known of the misconduct, unless it can show that it took immediate and appropriate corrective action. 29 C.F.R. § 1604.11(d).

18. E Sexual harassers come in all forms, shapes and sizes. For example, a company which allows it’s customers or vendors to constantly flirt with the receptionist, despite her having expressed her discomfort with the activity, can open itself up to a sexual harassment claim.

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19. E Sexual 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.

20. A The law does not protect sexual harassment claims brought in bad faith. Many 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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