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Answers to Quiz

1.  Both True and False.  From the perspective of the workplace, bothering someone sexually, or creating an offensive and hostile environment is considered "sexual harassment."  From the standpoint of the U.S. Courts however, it may not be unless the offensive behavior meets four specific criteria:  

  • Severity 
  • Frequency
  • Threatening/humiliating
  • Negative impact on the recipient's work environment

Additionally, the Christopher v NEA ruling may remove the necessity that offensive conduct be sexual at all because men and women are subjectively different and may perceive the same behavior differently.

2.  False.  Sexual harassment is a criminal violation of the 1964 Civil Rights Act.

3.  Both True and False.  Consent has nothing to do with it.  Rather, the question is whether someone's advances are "welcome".  An employee may consent to a supervisor's advances out of the fear of reprisal, yet not welcome those same advances.  The issue is one of coercion.  However, between two employees of equal job status "consent" and "welcome" are the same thing since neither person holds job power over the other.

4.  False.  While it is true that sexual harassment can occur any time and any place, it cannot occur between just any two people.  There must be a workplace relationship between the two.  Sexual harassment is based upon employment discrimination.

5.  True.

6.  Both True and False.  If the harassment occurs between two people of non-supervisory status the workplace is liable for the behavior upon having knowledge that the offensive conduct has occurred.  However, in the case of quid pro quo (this for that) harassment, the organization is held "strictly liable," meaning no "affirmative defense" is available.  This means that organizations will be held  liable for the acts of supervisors even without knowledge that the supervisor had done anything wrong.

7.  Increasingly False.  The Ninth Circuit Court (West Coast) has ruled that offensive behavior does not have to be based on the victim's gender, nor does the offensive conduct have to be sexual in nature. 

 

Sexual Harassment Quiz

True or False

  1. Sexual harassment means bothering someone in a sexual manner.
  2. Sexual harassment is a civil offense.
  3. Sexual harassment doesn't exist within a consensual relationship.
  4. Sexual harassment can occur anytime, anywhere and between any two people.
  5. It is the employer who is held liable for the acts of it's supervisors.
  6. The organization is held liable upon having knowledge that a hostile environment exists.
  7. Sexual harassment is comprised of unwanted acts--with sexual undertones--that are discriminatory due to the fact that they are based upon the victim's gender.

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