Chapter 9

HARASSMENT
Test Bank Questions, 5e
MULTIPLE CHOICE QUESTIONS

1. Which of the following is true of harassment?

a. almost all harassment cases involve sexual harassment
b. harassment is legally actionable because it is a form of discrimination
c. harassment claims are rarely brought by men
d. a and b
e. all of the above
Answer: B

2. Which of the following is a necessary element of a sexual harassment claim?

a. the harasser intended to inflict emotional distress and embarrassment on the
victim
b. the sex of the harasser differed from the sex of the victim
c. the harassment was unwelcome
d. the harasser made a sexual advance or requested a sexual favor
e. all of the above
Answer: C

3. In the case of “equal opportunity harassers” who harass both men and women, the courts
tend to rule:
a. for the harasser, because the harassment is not because of sex
b. for the harasser, because harassment is not proven in that circumstance
c. for the victim of the harassment, because the harassment is because of sex
d. for the victim of the harassment, because harassment is proven generally
Answer: A

4. XXIn the case in which a woman ended an affair with her male supervisor, and began to
receive poor performance appraisals from him, the court ruled on her Title VII
harassment claim:
a. for the woman, based on sexual harassment
b. for the woman, because of the affair
c. for the employer and supervisor because the poor performance appraisals were
not the result of harassment, but of the relationship having gone sour
d. for the employer and supervisor because the poor performance appraisals were the
result of the woman’s poor work performance
Answer: C

5. Regarding the “severe” or “pervasive” standard for assessing harassment cases, which of
the following statements is NOT true?
 a. to prove harassment, the plaintiff must show that the conduct complained of was
both severe and pervasive, unless it occurred outside work
b. to prove harassment, the plaintiff must show that the conduct complained of was
severe or pervasive
c. the degree of severity required is in inverse proportion to its pervasiveness
d. none of these
Answer: A

6. Which of the following is true regarding the role of conduct outside of the workplace in
harassment cases?
a. employers cannot be held liable based on harassing conduct that occurs outside of
the workplace
b. the sexual activities of persons who allege harassment will be examined in order
to determine whether the treatment received was unwelcome
c. the marital statuses of the plaintiff and the alleged harasser will be taken into
account in determining whether harassment occurred
d. all of the above
e. none of the above
Answer: E

7. Employers are vicariously liable for harassment when:

a. a hostile environment is created by a top official
b. harassment by a supervisor results in a tangible employment action
c. a supervisor creates a hostile environment and the employer does not have a
sexual harassment policy or reporting procedure
d. all of the above
e. none of the above
Answer: D

8. Which of the following is part of the “affirmative defense” available to employers in

certain hostile environment cases
a. the employer exercised reasonable care to prevent and correct promptly any
harassment
b. the employer knew or should have known about the harassment
c. the employee failed to take advantage of preventive or corrective measures
provided by the employer
d. a and c
e. b and c
Answer: D

9. The primary difference between harassment that results in tangible employment action
and harassment that creates a hostile working environment is:
a. the level of proof required in the prima facie case for harassment that results in
tangible employment action
 b. the availability of a rebuttal to the plaintiff if the employer proves a reason for the
hostile environment
c. the criteria for proving harassment that results in a tangible employment action is
less stringent
d. the criteria for finding employers liable differs depending on the outcome of the
harassment
e. none of the above
Answer: D

10. Which of the following should be included in an employer’s policy prohibiting

harassment?
a. assurance that employees reporting harassment will be protected from retaliation
b. assurance of strict confidentiality in handling harassment complaints
c. a clear and accessible procedure for reporting harassment
d. a and c
e. all of the above
Answer: D

11. Regarding harassment, which of the following statements is NOT true?

a. harassment is a serious problem in the workplace
b. the definition of harassment under Title VII includes mistreatment and abuse of
employees generally
c. the definition of harassment under Title VII does not include workplace bullying
d. all of these are true
Answer: B

12. If an employee is subject to severe harassment, and quits his position to escape it, the
court will likely rule:
a. that because he quit, no tangible employment action can be proven
b. that the quit is a constructive discharge, which constitutes a tangible employment
action if it results from a demotion or pay cut
c. that a hostile environment is presumed, but that the employee waived the right to
sue when he left
d. none of these
Answer: B

13. In a case in which the employee claimed harassment by her supervisor in which he
altered her work her work hours with the knowledge that doing so would adversely affect
her hypoglycemia; frequently stood at her desk and stared angrily at her; startled her by
pounding on her desk with his fist; criticized her work unfairly; and yelled at her in front
of co-workers, the court ruled that:
a. no sexual harassment was proven, because no demand for sexual favors was made
b. no sexual harassment was proven, because no hostile environment was created
c. a hostile environment was created by the supervisor’s conduct
d. no harassment could be proven without verbal or physical conduct of a sexual
nature
 Answer: C

14. The plaintiff in a harassment case must prove:

a. the harassment was because of sex
b. the harassment was directed toward a protected class
c. the harassment was unwelcome
d. all of these
e. only b and c
Answer: E

15. When a female supervisor demands sexual favors from a male employee so that he can
keep his job or get a raise, it is called this:
a. same sex harassment
b. quid pro quo harassment
c. severe or pervasive harassment
d. cruel and unusual harassment
Answer: B

16. As the Assistant Human Resources Manager, you have learned from another employee
that a co-worker is being harassed by her supervisor. Assuming your firm has no anti-
harassment policy, what should you do?
a. nothing unless the victim herself files a claim, because there is no anti-harassment
policy, so you have no authority in the matter
b. investigate the claim and report the harassment to your superiors
c. create and enforce an anti-harassment policy for your firm
d. offer to transfer the employee to another job
e. b and c
f. b, c and d
Answer: F

17. Your co-worker, a new employee, is painfully shy. She works, as you do, as a clerical
assistant to an architect in the firm you both work for. Her architect, a boorish male with
a foul mouth and grabby hands, has had trouble keeping an assistant, and you know why.
But even though this fellow has continued in his usual behavior, applying it now to her,
she seems to be unable to decide what to do, and seeks your advice. Knowing how these
cases are decided, what would be the best advice you could give her?
a. she should say nothing; just keep working, and do a good job
b. she should act friendly, but refuse his advances
c. she should tell him she’s not interested, and just wants to work
d. the next time he tries something, she should just punch him in the eye
Answer: C

18. You are a salesperson for a pharmaceutical company, a job it was difficult to get. After
you’d been there a while, there was another opening, and you recommended your friend,
Paul. He was hired, and the two of you have enjoyed working together ever since.
 Recently, the secretary for the sales team has confided in you that Paul has been acting
inappropriately, and most recently, cornered her in the supply room, and pushed her up
against the wall with his body, and caressed her with his hands. She does not know that
you recommended Paul to the firm. Of the following choices, what should you do?
a. tell her not to worry, that it will pass, because Paul is not normally like this
b. tell her not to worry, that you’ll talk to Paul, and tell him to stop it
c. tell her to report Paul to Human Resources, and you’ll tell them you saw it
d. talk to Paul, and tell him that if he doesn’t stop it immediately, and apologize, you
will report him to Human Resources
Answer: D

19. Imagine that you are the judge hearing a case for sexual harassment filed by a woman
who reports that she was forced to have sex in the workplace with her supervisor. She
admits that for some months prior to the event, she displayed her body through seminude
photos, lifted her skirt to verify an absence of undergarments, made highly salacious
comments, and offered sexual gratification “to employees, customers, and competitors
alike.” Knowing what you know about harassment, what should you decide?
a. for the woman, because the forced sex proves harassment
b. for the woman, because her flirting did not justify the forced sex
c. for the employer, because the harassment was not unwelcome
d. for the employer, because she had a reputation for being “easy”
Answer: C

20. A male customer of a sports bar has taken a particular liking to one of the waitresses, and
always asks to be seated at her station, so that she will wait on him. He has spoken to the
manager of the bar, and generously tipped him to insure that he will get her station. But
the waitress does not want to wait on the customer, because he grabs and pinches her
rear, tries to tuck money down her top, and frequently pulls her down onto his lap. She
asks the bar manager not to let him sit at her station any more, but the manager tells her
it’s good money (he does tip her well), and she should be nice to him. If she files suit for
harassment, what will the court most likely rule?
a. for the employer, because the customer does not have the power to affect her
employment status, so that his conduct cannot result in a tangible employment
action against her
b. for the employer, because the customer has not committed harassment
c. for the employee, because the customer has committed harassment
d. for the employee, because the customer has committed harassment, the employer
knew about it, and did nothing
Answer: D

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers are strongly advised to establish, communicate, and enforce policies
prohibiting harassment.

Answer: Title VII, affirmative defense, negligence standard – Harassment is a major legal
problem. Policies are not strictly required by the law, but a sound policy can help prevent
harassment, ensure that it is dealt with properly, and limit employer liability. The absence
of an effective policy will make the affirmative defense unavailable to employers and
will likely result in a finding of negligence for co-worker harassment.

b. Complaint procedures should provide employees with multiple, accessible parties to

whom reports of harassment can be made.

Answer: Title VII – Employers cannot rely on defective policies with inadequate
reporting procedures to claim lack of knowledge that harassment occurred. The Supreme
Court has stressed that a procedure that requires reporting to the alleged harasser is
inadequate.

c. Employers must respond to complaints of harassment promptly and in a manner

reasonably calculated to end the harassment.

Answer: Title VII, affirmative defense, negligence standard – Employers have a clear
legal obligation to protect their employees from harassment. An employer that fails to
correct promptly any hostile environment harassment by supervisors will be vicariously
liable. Employers that are negligent in failing to take prompt and effective action to end
co-worker harassment will also be liable.

d. Terminations or other discipline imposed against harassers must be conducted in the

same careful manner as any other terminations or disciplinary actions.

Answer: Wrongful discharge, defamation – While a termination or other discipline might

be called for, the desire to deal strongly with harassment should not lead employers to
assume guilt and violate the rights of persons accused of harassment. False accusations
that an employee engaged in harassment might be grounds for defamation claims.

e. Care should be exercised in using transfers or reassignments to deal with harassment.

Answer: Title VII, retaliation – If the victim of the harassment is transferred to a less
desirable position, a retaliation claim might be forthcoming. Likewise, simply
transferring the harasser without additional measures might subject other employees to
harassment.

2. How does employer liability for harassment by a co-worker or third party compare or
differ with the company’s liability for harassment by supervisors, managers or other top
officials?
Answer: Co-workers and third parties such as customers do not wield the same power
over an employee as does a supervisor, manager or top official because they cannot
create or enforce a tangible employment action adverse to the employee. Never-the-less,
they can create a hostile work environment. The employer will be liable for harassment
by co-workers or third parties if the complaining party can prove that (1) the employer
knew or should have known about the harassment; and (2) the employer failed to take
prompt and effective action to stop the harassment.
Harassment by supervisors, managers or top officials creates additional problems
because superiors usually have the ability to cause the employee to suffer a tangible
employment action such as loss of a promotion, reduction in salary or even loss of
employment. When a tangible employment action has occurred, and the victim can prove
harassment, the employer will be liable. If no such tangible employment action has
occurred, the employer can escape liability by asserting an affirmative defense if they can
prove that (1) they (the employer) exercised reasonable care to prevent and correct any
harassment promptly; and (2) that the complaining party failed to take advantage of any
preventative or corrective opportunities provided by the employer or to avoid harm in
some other way.
In both situations it is absolutely essential that the employer maintain and publish
a reasonable and effective formal harassment reporting policy and strictly adhere to it.