College of
Business
Administration
College of
Business
Administration
Sexual Harassment Quiz 1. The victim has to be of the opposite sex of the harasser.
2. If the harasser is a non-supervisory employee, the employer is not responsible for the act committed by the harasser unless management knew or should have known and failed to take immediate and appropriate corrective action.
3. A subordinate cannot sexually harass a supervisor if the supervisor has the authority to fire the subordinate.
4. Sexual harassment is a violation of Title VII of the Civil Rights of 1964 and the Texas Commission on Human Rights Act. Sexual Harassment is based on discrimination.
5. Submission to the requests for sexual favors does not negate the victim's rights to file a sexual harassment complaint.
6. Evidence of workplace rumors that a female employee was having an affair with her supervisor is sufficient to support a sexual harassment claim by the female employee.
7. It is the intent of the harasser, rather than the perception of the victim, which determines whether or not sexual harassment occurred, i.e. he didn't mean anything by it - he hugs all the women.
8. An employee's conduct of posing nude for two magazines would bar her Title VII sexual harassment claim against her employer, who she alleged, showed her pornographic film advertisements, talked about sex and made lewd gestures toward her.
9. It is sexual harassment for a supervisor to take disciplinary action against, or to deny a promotion to an employee because he or she rejected sexual advances.
10. Which of the following could constitute sexual harassment:
__________ "Pin up" calendars (Playboy/Playgirl, etc.)11. One act of quid quo sexual harassment may be sufficient to constitute an actionable claim of sexual harassment (1 occurrence and you are in court).
__________ Pornographic pictures
__________ Sexually oriented jokes
__________ Sexually offensive remarks
__________ Pressuring another employee for social activity
__________ Unwelcomed touching
__________ Unwelcomed face gestures12. An employee must be fired, demoted, lose promotion opportunities or lose pay raise opportunities in order to sate a valid claim of quid pro quo sexual harassment. (Tangible Detriment)
13. An employee reports lewd and aggressive conduct by a fellow employee but does not want to make a formal complaint. The employee says she can handle it herself. You should document the two of you had the conversation and allow the employee to handle it herself.
14. An employer can require a non-supervisory employee to report sexual harassment.
15. The employer does not have an obligation to investigate a report of sexual harassment if the employer learns of the harassment from someone other than the victim (hearsay evidence) and the victim does not want any action taken.
16. If the alleged victim denies any harassment occurred you do not need to documents.
17. A Company may establish a policy that states " not even one instance of unwelcomed sexual or offensive behavior in the workplace will be allowed and anyone engaging in a inappropriate behavior in the work place will be subject to disciplinary action," even if the behavior does not meet the legal definition of sexual harassment.
18. An employer can be held liable for the sexual harassment of employees by customers or other third parties.
19. A supervisor made sexual advances towards a female employee until June 1995; however the victim did not complain to management until July 1996. The 13 month delay will jeopardize the employee's case because of the 300 day statute of limitations in EEOC complaints.
20. Suppose an employee has participated in sexual conduct with co-workers in the past. Now this employee is filing a complaint against another co-worker for sexual harassment. This complaint of sexual harassment will be negated by the prior sexual conduct of the complaint.
21. Acts of aggression, imitation, hostility, rudeness, name calling or other types of abusive conduct directed toward one gender can be sexual harassment, even though no sexual gesture or words are used.
22. Calling subordinates " dunderheads", dumb asses, idiots, etc. can be sexual harassment.
23. A single incident of sexual displays or remarks is sufficient to create a hostile work environment.
24. A single incident of touching a employee's intimate body part(s) is sufficient to create a hostile work environment.
25. An employee is found to have committed sexual harassment and disciplinary action is taken. The disciplinary action should state in writing that this employee committed sexual harassment and a brief description of the specific acts which constitute the sexual harassment should be placed in the employee's personal file in order to protect the employer.
26. An employer cannot be held liable for sexual harassment which occurs at a company sponsored party or sports event when:
True or False:
a. The employee attends voluntarily.27. In order to establish a prima facie case of hostile work environment sexual harassment, the victim must prove his/her psychological well being was affected by the harassment (i.e. psychological harm).
b. The party or event is held away from the business premises.
c. The party or event occurs after regular business hours.
d. The harasser is an non-employee third party.28. If an employee alleges intentional infliction of emotional distress, the employer may request an independent psychological examination.
29. A provision against sexual harassment in a collective bargaining agreement requiring employees to follow grievance procedures would bar an employee's sexual harassment claim if the employee failed to follow the grievance process.
30. A prompt investigation followed by effective remedial action will mitigate damages for a defendant Texas employer in a sexual harassment law suit.
31. Calling a female an industry term (i.e. floor whore" in a car dealership business) is not sexual harassment because "floor whore" is term used throughout the United States.
Reproduced from Jerry Kendrick, Attorney with the Texas Workforce Commission.
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