Claims: Harassment

Question 1

What are the two types of harassment claims?

Answer 1

Quid pro quo

Hostile environment

Question 2

What is the definition of quid pro quo in the harassment context?

Answer 2

When sexual conduct is a condition of tangible employment benefits, including salary, promotion, and continued employment.

Question 3

What formal defenses are available to rebut a claim of quid pro quo harassment?

Answer 3

None.

Question 4

When does liability attach for a claim of quid pro quo harassment?

Answer 4

When the plaintiff proves her claim.

Question 5

In a claim for hostile work environment harassment, a plaintiff must prove these 4 things. . .

Answer 5

Protected class

Conduct was because of the protected class

Behavior was unwelcome (sex discrim. only)

Conduct was severe OR pervasive.

Question 6

Can there be a claim for hostile work environment harassment based on sex orientation?

Answer 6

No

Question 7

When determining whether the conduct was severe or pervasive in a hostile work environment claim, what four factors will the court consider?

Answer 7

Severity of the discriminatory conduct

Frequency of the discriminatory conduct

Whether the conduct is physically threatening or humiliating

Whether the conduct unreasonably interfered with the employees work performance.

Question 8

Under a claim for hostile work environment, employer liability depends on . . .

Answer 8

The status of the harasser(s).

Question 9

For hostile work environments created by supervisors, the employer is . . .

Answer 9

Vicariously liable.

Question 10

For hostile work environments created by supervisors, the employer is vicariously liable BUT has a two-part affirmative defense. It will not be held liable if it can prove:

Answer 10

It used reasonable care to prevent and promptly correct the harassment; AND

The employee unreasonably failed to use reporting procedures created by the employer.

Question 11

For hostile environment claims created by co-workers, the employer will be held liable under a ______ standard if the plaintiff can prove (2 elements):

Answer 11

Negligence

Employer knew or should have known of the harassment; AND

Employer failed to take prompt, remedial action.

Question 12

Under hostile work environment claims, a supervisor is defined as someone who is . . .

Answer 12

Empowered by the employer to take tangible actions against the victim. Such actions include “significant change in employment status.”