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Which of the following is untrue about a "love contract"?


A) Love contracts are meant for employees at all levels of the company.
B) The love contract restates the voluntary nature of the relationship.
C) The love contract confirms both parties' understandings of the existence of an employer's sexual harassment policy.
D) The love contract is an agreement of the parties that they will use alternative dispute resolution to resolve any conflicts that arise, rather than take it to the courts.

E) A) and B)
F) All of the above

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An employer's sexual harassment policy should include all of the following except:


A) A process for making, investigating, and resolving a sexual harassment claim
B) A penalty of dismissal for every proven incidence of sexual harassment, regardless of severity
C) Procedures for education and training
D) A discussion of policy and of prohibited conduct

E) A) and B)
F) A) and C)

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Frank,a maintenance worker at the Breakwater Swimming Club,is physically attracted to Brenda,one of the swimming instructors.Though Brenda has shown no interest in him,he has been stalking her,making lewd comments to her,and making sexual threats.Frank has been careful to keep his behavior very low profile.Brenda does not bring this matter up with the club's management but instead decides to quit her job and file a claim of sexual harassment against the club.Which of the following holds true in this scenario?


A) Breakwater Swimming Club will be liable for Frank's behavior, regardless of its ignorance of Frank's activities.
B) Breakwater Swimming Club can avoid liability if it can be shown that there was no way for it to be made aware that there was an issue resulting in the constructive discharge.
C) Breakwater Swimming Club will not be liable for Frank's behavior under any circumstances because private employers are not covered under Title VII of the Civil Rights Act of 1964.
D) Breakwater Swimming Club will have a cause of action against Brenda if it can be shown that Frank only made threats but did not physically harass her.

E) A) and B)
F) B) and C)

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Which of the following activities is least likely to be considered hostile work environment sexual harassment?


A) repeated touching and groping by a supervisor
B) a "nudie" calendar (featuring nude women in suggestive positions) hangs in the workroom, an area where the complaining party is unlikely to be on a daily or even a weekly basis
C) a supervisor frequently dropping various items (pens, file folders, etc.) on the floor and requesting female employees pick them up just so that he can look down their blouses or up their skirts
D) a supervisor repeatedly demanding that a female employee reach into his front pocket to remove change or other items

E) B) and D)
F) C) and D)

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Elena works in a mostly-male workplace and each day is subjected to endless comments such as "you're doing men's work" or "you're taking the job away from a man." These types of comments may be the basis for a sexual harassment claim.

A) True
B) False

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In evaluating a claim of sexual harassment made by a woman,the standard used by the courts to determine whether the harassment was sufficiently severe and pervasive,is:


A) A reasonable man standard.
B) The victim's perspective.
C) A reasonable woman or reasonable victim standard.
D) A neutral standard developed by the Court in Bates v. Wineaker.

E) All of the above
F) A) and B)

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Doug occasionally compliments his secretary when he arrives at the office,saying things like,"Mrs.Woods,you look nice today," or "That's a nice dress." In this case,Mrs.Woods would not have a claim for sexual harassment.

A) True
B) False

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Some of the ways that an employer can avoid liability for sexual harassment in the workplace include all of the following except:


A) Establish "love contracts" where appropriate for senior executives.
B)  Coach the harassee on ways that he/she can avoid the situation.
C) Teach employees (and especially supervisors) about what constitutes sexual harassment, and the company's policies for handling it.
D) Monitor the paper trails for unexpected information-raises given or not given that seem out of line; promotions, demotions and/or terminations that occur without a plausible explanation, etc.

E) B) and D)
F) A) and B)

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Norbert and Suzie are both lineworkers for a utility company who have been working together for almost two years.Norbert frequently tells Suzie that the job is called "lineman" and not "linewoman," and thus,it is not a woman's job.He plays practical jokes on her such as hiding some of her tools and sabotaging her truck.He asks her when she plans on getting pregnant and staying at home to take care of her children and gives her copies of "Help Wanted" ads for secretarial and waitress jobs.Such behavior has kept Suzie disturbed at work.If Suzie complains about Norbert's conduct:


A) he will not be found to have committed sexual harassment against Suzie because he never made physical contact with her.
B) he will not be found to have committed sexual harassment against Suzie because there were no sexual overtones in his comments.
C) he will be found to have committed sexual harassment against Suzie because his comments violated the Pregnancy Discrimination Act.
D) he will be found to have committed sexual harassment against Suzie because the harassment was based on gender and unreasonably interfered with Suzie's ability to do her job.

E) A) and B)
F) None of the above

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In hostile work environment sexual harassment any incident,no matter how seemingly small or insignificant,can constitute sexual harassment.

A) True
B) False

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False

Gail landed a job with the South Chapippie Bulldogs in the Mid-Eastern Basketball Association-a semi-professional league.Two months after beginning the job,she was called into the office of the team owner,Vlad,who told Gail that if she intended to keep her job,she needed to keep him sexually satisfied.When Gail got up to leave,Vlad blocked her passage and tried to force himself on her.It was only when she screamed for help that Vlad let her leave the room.In addition to facing a claim of sexual harassment,what other legal charges could Vlad face?

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In addition to bringing an action under ...

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Henry and Rochelle work in the claims department of an insurance company.On Rochelle's birthday,Henry stops by her cubicle and gives her a cupcake with a heart on the frosting and asks her out to dinner.Rochelle,having never spoken to Henry before,finds his actions strange and declines his offer.Henry does not make any more advances,but Rochelle finds him creepy whenever she sees him in the office.Which of the following holds true in this case?


A) Rochelle has a claim under quid pro quo sexual harassment.
B) Rochelle has a claim under hostile work environment sexual harassment.
C) Rochelle does not have a claim for sexual harassment because her claim would be based on one isolated incident that is not serious enough to warrant undue concern.
D) Rochelle does not have a claim because sexual harassment has to involve physical assault to be considered unlawful.

E) C) and D)
F) B) and C)

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When the harassment is by one employee to another (each employee on relatively the same level within the employer) ,or by a customer or client (someone not employed by the employer) ,which type of sexual harassment is it?


A) quid pro quo sexual harassment
B) hostile work environment sexual harassment
C) non-employment-related sexual harassment
D) private sexual harassment

E) A) and D)
F) B) and C)

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The requirements for hostile work environment sexual harassment include all of the following except:


A) the employee does not like the project they were just assigned.
B) the employer has knowledge of the harassment but took no action.
C) the harassment is based on gender.
D) the harassment is not welcomed by the employee.

E) A) and D)
F) None of the above

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An employer can use the Ellerth/Faragher affirmative defense in a case where the:


A) employer had a reasonable sexual harassment policy, and the harassee unreasonably failed to use it.
B) harasser initiated a tangible unfavorable job action against the harassee.
C) harassee and the harasser have already signed a "love contract."
D) employer was aware of the sexual harassment at the workplace but failed to take action against the offenders.

E) A) and D)
F) B) and C)

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Lakeisha,a management assistant at the Fourth Bank and Trust Company of Pasadena,is involved in a romantic affair with Wilson,the senior vice president of the bank.Though the relationship between Lakeisha and Wilson is very strong,Wilson is concerned that he and the bank might be accused of sexual harassment at some point in the future.The director of human resources recommends that Wilson and Lakeisha sign a "love contract." Though it may not be a perfect solution to liability for sexual harassment,this contract will:


A) restate the voluntary nature of their relationship and assure Lakeisha that decisions regarding her employment will not be influenced by the end of their relationship.
B) affirm that they end the relationship with immediate effect and that Lakeisha accept money in return for any damages caused during their relationship.
C) affirm that they shall resolve any work-related dispute through litigation and not through other alternative dispute resolution mechanisms.
D) restate that under no circumstances shall Lakeisha adopt retaliatory conduct against Wilson in the future if their relationship ends in a bad manner.

E) None of the above
F) C) and D)

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Myrna,a waitress,complains to her boss,Stuart,that Simon,a frequent patron of the restaurant,has been engaging in what she considers to be sexually harassing behavior.She details Simon's activities to Stuart and requests that Stuart take immediate action and that she not be required to wait on Simon in the future.Though Stuart assures Myrna that he will look into the matter,he puts off the case for weeks,fearing losing a loyal customer like Simon.When he eventually does get around to dealing with it,he only tells Simon that he should go a little easy on Myrna and does nothing about Myrna's request to be relieved of any obligation to wait on Simon.Is the employer in any danger of sexual harassment liability,and what effect,if any,will Stuart's handling of the situation have?

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Yes,the employer is exposed to hostile environment sexual harassment liability.When the sexual harassment is by (1)one employee toward another on the same level (rather than by a supervisory employee to a subordinate)or (2)someone who is not employed by the employer,such as a client or someone who comes in to service the machinery at the employer's business,the employer is liable if the employer knew or should have known of the acts of the harasser and took no immediate corrective action.Stuart's handling of the situation will serve to enhance the possibility of his liability since only prompt and effective action to eliminate the harassing behavior can protect a knowing employer from liability.

Distinguish quid pro quo sexual harassment from hostile environment sexual harassment.

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There are two theories on which an actio...

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In addition to bringing a lawsuit under Title VII,harassees may bring a civil action in state (and sometimes federal) court alleging any of the following except:


A) Assault and/or battery
B) False imprisonment
C) Interference with contractual relations
D) Sexual harassment

E) A) and D)
F) C) and D)

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If retaliation is involved in a sexual harassment case,the court is likely to:


A) do nothing-retaliation is to be expected.
B) refer the matter to criminal court.
C) award punitive damages as a way to punish bad behavior and deter future behavior.
D) dismiss any claims against the harassee.

E) A) and C)
F) B) and D)

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C

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