Freebies

1. Under the Equal Employment Opportunity Commission (EEOC) Title VII guidelines on sexual harassment, the only conduct managers and supervisors can be specifically held liable for is demanding sexual favors in return for promotions, raises, and other employment benefits.

False. Quid Pro Quo harassment covers all forms of harassment, including race, religion, age, gender, and disability. Supervisors and managers can also be held liable for creating a hostile work environment.

2. A complainant must show that he/she does not welcome the verbal or physical advances in order to claim sexual harassment.

True. At some point the complainant needs to let someone know the behavior is unwelcome.

3. Only supervisors and managers – people with authority to affect others’ job status – can sexually harass.

False. Anyone in the workplace can create a hostile work environment.

4. A complainant must show tangible job loss – demotion, salary reduction, salary loss due to absenteeism or illness, etc. – to claim sexual harassment.

False.

5. Employers are not responsible for what an employee does with another employee after hours and away from the workplace.

False. In certain circumstances, the same rules apply when employees meet after work.

6. Employers can be held liable for the sexual harassment of an employee by a non-employee.

True.

7. A woman who dresses provocatively and flirts cannot claim sexual harassment.

False.

8. A third person who is offended by a verbal exchange of a sexual nature between two co-workers cannot claim sexual harassment unless one of the two co-workers does.

False. It is possible for people to offend those observing their behavior.

9. It is the recipient of the behavior, not the person doing the behavior who determines whether or not the behavior is welcome.

True.

10. Behavior of an harassing nature in the workplace must be intentional in order to be considered actionable.

It depends. The key is how the offender handles the complaint. If the behavior stops immediately, it is no longer a problem unless the behavior was severe enough to warrant immediate action.

11. An employee found guilty of harassment may be ordered by a court to pay part of a settlement to the harassed individual.

It depends. Employees cannot be sued. Supervisors, however, can be held liable for harassment and may have to pay damages.

12. One racial epithet may be sufficient to constitute harassment.

True.

13. It is appropriate for a supervisor to determine immediately whether or not the complaining person overreacted or misunderstood the alleged harasser.

It depends. Supervisors should take immediate action to investigate the situation. It could take time to do a thorough job, however.

True or False – The following behaviors could constitute a hostile environment, and
thus be considered harassment under Title VII guidelines:

14. An employee calling a tall employee “Stretch” and “a tall drink of water.”

It depends. If this is gender based, it could be a problem.

15. One employee calling the other employee a “horse’s ass” during a meeting.

False. This is inappropriate workplace conduct, but it is not covered under Title VII.

16. One employee saying of another, “It must be that time of the month.”

True.

17. Posting Bible scriptures on screen savers.

It depends. If the scripture is in a private office and doesn’t offend anyone, it’s ok. If it is in a common area, however, the person should exercise sensitivity to those with different beliefs.

18. Posting “swimsuit” calendars in the workplace if no one objects.

True.

19. Two employees looking at a pornographic cartoon behind closed doors.

True. It has the potential for causing problems.

20. An employee inviting another out for a date.

It depends. If someone is persistent after being told “no,” it is a problem.

21. An employee calling an older employee “pops.”

True. Age is a protected group.

22. A group of consenting employees, including shareholders, managers, and supervisors going to a strip bar after hours.

True. Someone may feel pressured to attend.

23. An employee getting drunk at a private party and coming on to a colleague.

True, especially if the aggressor is a supervisor.

24. An employee flirting with a client at an after-hours party.

It depends on whether or not a company has a policy about dating clients.

25. A supervisor telling dirty jokes to an employee who reports to him/her.

True.

26. Catholic and Jewish employees engaged in friendly teasing using phrases like “mackerel snapper” and “kike.”

It depends. This is unsafe territory. It’s best to reserve this kind of teasing for someplace other than work.