The Big Sweep! Sexual Harrasment Knowledge Quiz Answers

Saturday, March 25, 2006 | 0

By Jamie Charter, M.S., CPDM

This answer key will correlate to the article entitled The Big Sweep! In the previous rotation on workcompcentral.com, the quiz was provided, with answers promised.

If you happened to have missed the 7 part article series entitled SEXual Harassment...the BIG issue in the workplace, it can be accessed to the right of this article.

Are you ready to compare your responses with the actual facts? Here we go!

1. How is sexual harassment defined in the United States on the Federal level?

Answer: Sexual harassment is defined by the EEOC as a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. This pertains to state and local governments, and applies to employment agencies and to labor organizations, as well as to the federal government.

2. According to the EEOC, employers with _______ employees must provide sexual harassment prevention training.

Answer: The EEOC, U.S. Equal Employment Opportunity Commission, mandates that employers with 15 or more employees provide training and ensure that sound policies are in place.

3. Name the two types of sexual harassment.

Answer: Title VII of the Civil Rights of 1964 strictly prohibits sexual harassment and classifies sexual harassment claims into two categories: "quid pro quo" and hostile work environment.

4. Who can be held liable if an employee is the victim of sexual harassment at work?

Answer: Under the FEHA, AB 1825, employers are held strictly liable for the sexually harassing acts of their supervisors, managers or agents. If the employer's complaint is substantiated, in other words, if it is determined that actionable workplace sexual harassment occurred, the employer and the harassing supervisor are both liable for all harm the employee suffered as a result of the harassment.

Both the employer and employees are liable for sexual harassment. Recently, several state court and California's Fair Employment and Housing Commission have also held customers of an employer personally liable for sexually harassing conduct. In turn, employers could also be liable for the sexually harassing conduct of their customers.

5. What are some examples of a tangible employment action?

ANSWER: A tangible employment action is defined as action resulting in significant change in employment status. Examples include, but are not limited to:
Demotion
Hiring
Firing
Promotion
Failure to promote
Transfer to a less desirable position, location or shift
Termination of employment, or a change in employment benefits.

6. True or False: Under California and Federal law, an employer may be held liable if an employee is subjected to harassment by a third party, such as clients, vendors and customers.

Answer: True!

7.True or false: If the DFEH commission finds that discrimination has occurred, ordered remedies can include:
-Fines of damages for emotional distress from each employer or person determined to have violated the law
-Hiring or reinstatement
-Back pay or promotion
Answer: True, all of the above can be ordered remedies.

8. True or false: Employees can also file a private lawsuit in civil court after a complaint has been filed with the DFEH.

Answer: True; Under California law, any employee, either co-worker or supervisor, manager, or agent, who engages in sexual harassment can be held personally liable for the harm caused by his/her conduct, regardless of whether the harasser's employer can also be held liable. Employees can also file a private lawsuit in civil court after a complaint has been filed with DFEH and a Right-to Sue Notice has been issued.

9. True or false: The federal courts have held that the employer is liable for harassment when the harasser's rank within the organization may be treated as the organization's proxy. The president, owner, partner or corporate officers of the employer are examples of those in this class.

Answer: True!

The federal courts have held that the employer is liable for harassment when the harasser's rank within the organization may be treated as the organization's proxy. The president, owner, partner or corporate officers of the employer are examples of those in this class.

In these cases, the harassment is automatically imputed to the employer and the affirmative defense is unavailable to the employer even when the employee did not suffer a tangible employment action.

10. True or false: Sexual harassment cannot be tolerated because it violates the victim's:
-Privacy rights
-Personal dignity
-Emotional well-being
-Personal boundaries
-Professional development

Answer: True, all of the above.

11. Can you name some other potential liability areas for discrimination claims in the workplace?

Answers:
Race
Color
Religion
National origin
Sex
Age
Disability
Pregnancy, Childbirth, or related medical conditions
Marital status

12. What is third party sexual harassment?

Answer: Third-Party Sexual Harassment is unwelcome sexual behavior that is directed toward one person, but negatively affects another individual's work environment.

13. What was the settlement amount in the Mitsubishi case?
a. $250,000
b. $34 million
c.3.5 million

Answer: b; $34 Million:

Mitsubishi's agreement to pay $34 million is the biggest sexual-harassment settlement ever obtained by the U.S. government. The Equal Employment Opportunity Commission sued Mitsubishi's North American division in 1996, contending that women on the assembly line at its Illinois factory were groped, insulted, and subjected to raunchy insults. 350 women who alleged that male co-workers and supervisors kissed and fondled them, demanded sexual favors, and retaliated against those who refused will share the record-breaking settlement.

Well, how did you do? Are you confident in your knowledge of the subject of sexual harassment prevention? This area of potential liability is on the rise and has been described as the number one workplace issue. National media coverage has made it more than apparent that sexual harassment within the workplace is an area of critical exposure for business owners and corporations alike.

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Jamie is certified as a Professional in Disability Management, (CPDM) and is a State of California Independent Vocational Evaluator (IVE). Jamie holds a Masters Degree in Counseling and has been a vocational consultant for 22 years, with a comprehensive knowledge base in workers' compensation and employment related arenas.

As a member of WorkCompSchool's faculty, Jamie's first on-line course will address mandatory Sexual Harassment training for employers, as well as all interested industry professionals.

Jamie is currently available for customized live training seminars meeting the specific needs of your workplace.

Upcoming courses in the employment/labor specialty area of the WorkCompschool will be offered in anti-discrimination and harassment and addressing all of the protected classifications.

Both on-line and live training requests can be arranged by calling the WorkCompSchool Sales Department at (805) 484-0333 or (866) 975-266, or e-mail sales@workcompcentral.com.

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The views and opinions expressed by the author are not necessarily those of workcompcentral.com, its editors or management.