Sexual Harassment Lecture Flashcards
All of the following cases are directly related as legal antecedents to the #MeToo movement except:
A) Harvey Weinstein ( Judd at All v Weinstein)
B) Faragher v City of Boca Raton
C) Burlington Industries v. Ellerth
D) Onscale v. sundowner offshore services
E) Meritor Savings Bank v. Vincent
D) Onscale v. sundowner offshore services
The “reasonable woman” standard was articulated in:
A) Faragher v. city of Boca Raton
B) Ellison versus Brady
C) Bundy versus Jackson
D) Burlington Industries versus Ellert
E) Meritor versus Vinson
B) Ellison versus Brady
All of the following are true about sexual harassment except:
A) It must be unwelcome
B) It is a form of sexual discrimination violating title 7
C) It always consists of a quid pro quo element
D) Forensic psychiatrists do not opine on whether it occurred
C) It always consists of a quid pro quo element
Which of the following is correct about the term quid pro quo as used in sexual harassment cases?
a. Literally: “This for that”
b. A demand that an employee provides sexual favors to gain employment benefit or avoid adverse employment action
c. Promotions or opportunities based on employee’s submission to verbal, nonverbal, or physical conduct of a sexual nature.
d. Unlawful whether the employee resists or submits.
e. All of the above.
e. All of the above.
Which of the following is true about the legal term “Welcomeness?”
a. Voluntary participation ipso facto constitutes “welcomeness”
b. sexually provocative speech or dress, sexual horseplay may suggest welcomeness
c. A plaintiff’s prior consent to sex strongly suggests welcomeness
d. psychiatrists may offer direct opinions on welcomeness
d. psychiatrists may offer direct opinions on welcomeness
After Meritor, Plaintiffs with hostile environment claims must prove that the harassers’s conduct was unwelcome and also:
a. Severe or pervasive
b. Created a hostile or abusive work environment
c. Was based on gender
d. All of the above.
d. All of the above.
Which of the following is not correct about Harris v. Forklift systems, incorporated?
a. The court held that Title 7 comes into play before the harassing conduct leads to a “Nervous breakdown”
b. The court held that each case must be considered in its “totality of circumstances”
c. Totality of circumstances may include frequency, severity, humiliation, and interference with work
d. The reasonable woman standard of Ellison was adopted.
d. The reasonable woman standard of Ellison was adopted.
Which of the following is incorrect about victim responses to sexual harassment?
a. Delays in reporting the conduct suggest a lack of emotional distress.
b. High severity conduct is associated with worse psychological outcomes.
c. Low severity but chronic conduct may result in adverse psychological outcomes
d. Victims may experience threats to self worth and physical integrity.
a. Delays in reporting the conduct suggest a lack of emotional distress
The so-called Farragher-Ellerth defense holds that:
a. An employer made avoid Liability by showing that plaintiff’s behavior suggested welcomeness to sexual advances
b. An employee may block inquiry into her past sexual conduct outside of work
c. An employer may avoid liability by exercising reasonable care to prevent and correct harassing behavior, and showing that plaintiff unreasonably failed to take advantage of the preventative or corrective opportunities
d. A defendant may raise an affirmative defense of undue influence when a Plaintiffs provocative behaviour is “in controversy”.
c. An employer may avoid liability by exercising reasonable care to prevent and correct harassing behavior, and showing that plaintiff unreasonably failed to take advantage of the preventative or corrective opportunities
A woman working at a stereo company recently posed for graphic nude photos appearing in national magazines and a calendar on her own time. One of her supervisors repeatedly asked her to go out with him, made sexually suggestive comments, and showed her the nude calendar pictures of herself. The supervisor also showed her nude photos from Penthouse and Playboy magazines. Eventually, the woman quits and files a sexual harassment suit, claiming that the supervisor’s advance in conduct was offensive enough to create an abusive work environment. Considering the United States Supreme Court’s. Reasoning and Meritor and Harris, Which of the following is most correct?
a. The character of a person who would appear nude in a national magazine is unlikely to be offended by the conduct, even if she did not welcome it.
b. The plaintiff’s claims of being offended by sexual comments or Playboy pictures is not credible
c. Plaintiff posing nude outside work was not material to the issue of whether she found her employee’s work-related conduct offensive. The primary issue is whether the alleged conduct by her supervisor was not welcome.
d. This is a case in which reasonable persons could differ.
c. Plaintiff posing nude outside work was not material to the issue of whether she found her employee’s work-related conduct offensive. The primary issue is whether the alleged conduct by her supervisor was not welcome.
Which of the following statements about same-sex sexual harassment is true?
a. A male is unlikely to have a cause of action under Title 7 for harassment by male coworkers
b. Same-sex sexual harassment must be shown to be motivated by sexual desire and be actionable.
c. The United States Supreme Court has held that discrimination based on sexual orientation is a form of sex discrimination under Title 7
d. It is most often inflicted on men by other men and involves gender-based insults.
d. It is most often inflicted on men by other men and involves gender-based insults.
