1.
Employees A, B and C are working at their desks amongst their peers. Employee A overhears a conversation between employees B and C. Employees B and C are discussing an upcoming religious holiday that Newsday had written an article about. This holiday involves fasting. They are commenting in depth that they feel that religious fasting is "stupid" and "pointless". Employee A does not intervene, although she in fact observes this particular religious holiday. Which response best describes the situation?
Correct Answer
D. Neither A, B or C best describe the situation.
Explanation
Answers A, B and C do not best describe the situation.
Answer A is incorrect because despite the fact that offensive language was not used, comments that were made about aspects of Employee A's religion could make someone uncomfortable.
Answer B is incorrect because this is an example of how a person can feel harassed even if harassing behavior is not directed at them. In this case, employee A overheard the conversation.
Answer C is incorrect because it makes no difference what religion Employees B and C are. What matters is that their comments could make someone like Employee A uncomfortable.
2.
Phil is considered a very, friendly person by most of his colleagues. He's pleasant, chatty and always seems to be smiling. Phil stops by Alexandra's desk often to say hello and will go ahead and pull up a seat along side her in the pantry when she is on break to give her some company. They are seen speaking to one another from time to time. Recently, upon passing one another in the street while they were on break separately, they crossed paths and he gave her a hug hello. There was another time about 2 or 3 months ago where Phil had touched her hand and arm a few times during their conversation. Phil's actions seem innocent although they make Alexandra uncomfortable. She mentioned it casually to her manager and told her manager not to mention it to anyone because she did not want to make a big deal out of it because he very friendly towards everyone. Which response best fits the situation?
Correct Answer
B. Alexandra's manager should inform the Human Resources Department.
Explanation
Answer A is incorrect because although it was not a "formal" complaint she put her manager on notice. It is her manager's responsibility to inform the Human Resources Department.
Answer C is incorrect because her manager should not assume that this is an isolated incident or that Phil is "just a friendly guy". Furthermore, we should not judge how the actions of others are perceived. Intent is irrelevant. Focus is on the impact of the action.
Answer D is incorrect because Alexandra's manager should not be taking things into her own hands. Her intent may be sincere, although she could potentially compromise HR's investigation. HR should be informed right away and they will decide the next steps and how the investigation should be handled.
3.
If an employee feels that they are being harassed at work, they have a right and a responsibility to confront the harasser.
Correct Answer
B. False
Explanation
The answer is false because although the employee has a right to confront the harasser they do not have to. If an employee does not feel safe or comfortable confronting the harasser they should speak with their supervisor or the Human Resources Department so that the harassment can be addressed.
4.
If an employee complains to their manager about a harassing situation, their supervisor should let them know that a fair, speedy and confidential investigation will take place.
Correct Answer
B. False
Explanation
The answer is false because although Human Resources will strive to conduct a fair and speedy investigation, confidentiality can not be promised. In order to conduct the investigation, certain facts or details may be required to be part of the investigation in order to thoroughly conduct it. Sensitivity to these details is very important to the Human Resources department and discretion is used whenever possible.
5.
All of the following situations could result in a sexual harassment claim with the exception of:
Correct Answer
B. A female coworker asks a male coworker to grab lunch at a local pizzeria
Explanation
Answers A, C and D are incorrect because all suggest something that may be offensive to others. Printed materials that are suggestive could yield a claim of harassment just as easily as someone looking at an employee in a suggestive manner could. Answer B is correct because as long as the circumstances surrounding the gesture do not fit the criteria for harassing behavior.
6.
Which of the following situations may create a hostile work environment?
Correct Answer
E. All of the above
Explanation
Answer E is correct. A, B, C and D are all situations that may create a hostile work environments.
7.
In order for something to be determined sexual harassment the victim and harasser must be the opposite sex.
Correct Answer
B. False
Explanation
Sexual harassment does not occur only between members of the opposite sex.
8.
A hostile work environment may include repeated behavior that is:
Correct Answer
D. All of the above
Explanation
Both A, B and C are all correct. Repeated behaviors that fall into the categories noted in A, B and C could create a hostile work environment.
9.
Workplace harassment does not occur upwards, e.g. a supervisor is harassed by an employee.
Correct Answer
B. False
Explanation
Anyone within the workplace can be the victim of harassment and anyone within the workplace can be the harasser.
10.
Sexual, racial or ethnic bantering between two coworkers is ok.
Correct Answer
B. No
Explanation
The answer is No because you can not be certain that your comments are not offending or making the person you are speaking with uncomfortable. You also can not be certain that you are not offending someone that is not part of the conversation, such as a passerby or someone that learns about the conversation after it has taken place.
11.
Phil is an Australian-American. Some of his coworkers sometimes mock Phil by assuming an Australian accent when talking to him, even in front of customers. Alexandra, an underwriter, observed this on one occasion and noticed that Phil seemed embarrassed by the behavior. When Alexandra asks Phil about it, he says it doesn't bother him. What should Alexandra do?
Correct Answer
E. Report the behavior to her manager or to the Human Resources Department
Explanation
Answer E is the correct answer based on the choices offered, although answer D would be acceptable in the scenario as long as the action in answer E is also taken.
If Alexandra is comfortable doing so, she could let Phil's coworkers know how she feels about their conduct, but she also needs to follow her employer's policy for reporting offensive or inappropriate conduct in the workplace to her manager or the Human Resources Department.
12.
Alexandra is a Team Lead within her department. Her department manager has been pressuring her to be "more than just friends." If she does not agree, he has threatened to use his status to ensure that she is not recommended for a promotion. This is an example of:
Correct Answer
A. Quid pro quo
Explanation
Answer A is correct.
Answer B is incorrect because the behavior is a form of sexual harassment
Answer C is incorrect because sexual harassment does not have to involve physical touching
13.
Alexandra is Phil's supervisor. She often touches him during their conversations. In addition, she often calls him honey and like to tell him jokes with sexual overtones. Phil tells Alexandra's manager that he would like her behavior to cease. Alexandra complies. Soon afterwards, without justification, Phil beings to receive poor evaluations. This could be an example of:
Correct Answer
C. Retaliation
Explanation
Answer A is incorrect. Quid pro quo is not applicable in this situation.
Answer B is incorrect. A hostile work environment is not present.
Answer C is correct. Alexandra may be retaliating against Phil. Retaliation occurs when someone is treated differently as a result of reporting harassment or discrimination, participating in its investigation or because an objection was made to the alleged allegation.
14.
To bring a lawsuit for sexual harassment, a victim does not need to show that he or she suffered monetary or economic harm, such as being fired or demoted.
Correct Answer
A. True
Explanation
This answer is true. Unwelcome sexual conduct that unreasonably interferes with the ability of a person to work or that creates an intimidating, hostile or offensive working environment can constitute sexual harassment, regardless of whether any monetary or economic loss has occurred.
15.
Abusive behavior aimed at one sex that is not sexual in nature (e.g. an employee that is constantly rude to female employeees and tells them they are "dumb broads") can be considered sexual harassment.
Correct Answer
A. True
Explanation
The answer is true. Abusive conduct that is directed only at employees of one gender can violate Title VII.
16.
Quid pro quo sexual harassment (e.g., promising favorable working conditions in return for sex) can be committed by managers, coworkers, vendors and even customers.
Correct Answer
B. False
Explanation
Only supervisors or members of management with authority to affect an employee’s working conditions can engage in quid pro quo harassment.
17.
Most sexual harassers are:
Correct Answer
C. Trying to intimidate and humiliate the other person
Explanation
The answer is C. Sexual harassment is generally about power, not sex.