Test Three Practice Test Material cont. Flashcards
Which of the following statements is true of the case of Meritor Savings Bank, FSB v. Vinson?
A. It established, for the first time, hostile work environment sexual harassment as a cause of action under Title VII of the Civil Rights Act of 1964.
B.It was the Supreme Court’s first case involving same-gender sexual harassment.
C.It involved the claimant alleging sexual harassment by her employer as a result of losing a tangible employment benefit.
D.It was the case that made the U.S. Supreme Court establish that consensual relationships at work are forbidden under the law
A
Allison saw her supervisor, Roger, misbehaving with Kay, one of her co-workers. Later, she asked Kay about the incident and discovered that Roger had made repeated attempts to get sexually intimate with Kay. Kay refused to report the sexual harassment because she was afraid she would be fired. Allison contacted the human resources department and notified them of the sexual harassment Kay was subjected to. However, a few weeks later, Roger terminated Kay on the basis of insubordination. Which of the following is most likely to happen in this case?
A. Allison cannot file a claim with the Equal Employment Opportunity Commission because she was not the person who was sexually harassed.
B. Allison cannot file a claim with the Equal Employment Opportunity Commission because Kay failed to file a complaint the very first time the harassment occurred.
C.Allison can file a claim with the Equal Employment Opportunity Commission on behalf of Kay for sexual harassment and retaliation.
D. Allison can file a claim with the Equal Employment Opportunity Commission for hostile environment sexual harassment but not for retaliatory discharge.
C
Maxwell’s interest in an intimate relationship with his supervisor, Gloria, was genuine in the beginning but later subsided. Gloria immediately ceased any pursuit of the relationship at that point. If Maxwell has a professional falling out with Gloria afterward, can he successfully assert that the behavior that occurred during his relationship with Gloria is evidence of sexual harassment?
A. No, because it was welcome behavior at the time it occurred.
B.No, because Title VII of the Civil Rights Act of 1964 protects only female employees from harassment.
C. Yes, because any sexual behavior between members of the same workforce is legally sufficient to prove sexual harassment.
D.Yes, because the intent of the anti-sexual harassment law is to make the workplace devoid of sexuality.
A
The requirement that the offending activity be severe and/or pervasive in order for it to amount to actionable sexual harassment means that the activity must:
A. be more than just occasional, and/or it must be serious in degree.
B. cause severe psychological harm to the victim.
C. be based not just on gender but other factors as well.
D. involve extreme physical abuse, including assault and battery.
A
Colleen worked as an assistant to Matt, the director of marketing, for seven months. During this period, Matt constantly referred to Colleen as “the office beauty,” and he would loudly smack his lips whenever she came to work in a skirt. On one particular occasion, when Colleen reminded him to get his wife a Valentine’s Day card, he responded that his wife lived in another city and that he was lonely. He also made an inappropriate sexual gesture. If Colleen files a complaint of sexual harassment due to a hostile work atmosphere, which one of the following standards is most likely to result in a finding of sexual harassment?
A. The reasonable offender standard
B. The average person standard
C. The reasonable victim standard
D. The average third-party standard
C
Pam worked as the only female security guard among other male guards. She was verbally harassed by her male colleagues because she did a “man’s job.” They would sometimes hide her badge and keys, grease her uniform, and break open and wreck her locker. Pam complained to her supervisor, who immediately inquired if any of the men had ever touched her. When she said no, the supervisor said that there was nothing he could do to stop it and that it was just horseplay. Which of the following holds most true in this case?
A.Pam does not have a claim for sexual harassment because none of the men have touched her inappropriately.
B.Pam has a claim for sexual harassment because she is being harassed on the basis of her gender.
C. Pam does not have a claim for sexual harassment because no tangible adverse employment action has been taken with regard to her job.
D. Pam has a claim for sexual harassment because she was hired for a job mostly suitable for men.
B
Simone, the only female marketing manager at the Aged in Oak Distillery, is constantly referred to as “Sexy Sim” by her male colleagues. Sometimes, they even leave nude pictures on her desk, send her vulgar e-mails, and follow her to the restroom. David, a colleague of Simone, tries to get physically intimate with her at work one day. When Simone complains to the vice president of human resources, she is told that the guys are just having a little fun and she should be a good sport if she wants to progress in the field. Which of the following holds true in this case?
A. Aged in Oak is not liable for sexual harassment because Simone did not file a written formal complaint.
B. Aged in Oak is liable for sexual harassment by a third party.
C. Aged in Oak is liable for sexual harassment by Simone’s co-workers.
D. Aged in Oak is not liable for sexual harassment because Title VII of the Civil Rights Act of 1964 does not cover private employers.
C
Same-gender sexual harassment is:
A.excluded from Title VII of the Civil Rights Act of 1964.
B. permitted under Title VII of the Civil Rights Act of 1964.
C. prohibited under Title VII of the Civil Rights Act of 1964.
D. covered under Title VII of the Civil Rights Act of 1964 only if it is based on sexual orientation.
C
Sofia is a homosexual. She works in the sales department of True Ace Motors, a Delaware-based firm. Her supervisor constantly tells her that she should dress more femininely, wear makeup, and adopt ladylike behavior. After several failed attempts to change Sofia’s behavior, True Ace Motors terminates her. Sofia files a discrimination claim with the Equal Employment Opportunity Commission (EEOC). In this scenario, Sofia’s claim is:
A. actionable because discrimination based on sexual orientation is prohibited under Title VII of the Civil Rights Act of 1964.
B. actionable because gender stereotyping results in gender discrimination, which is unlawful under Title VII of the Civil Rights Act of 1964.
C. not valid because the state laws in Delaware do not prohibit discrimination based on sexual orientation or gender identity.
D. not valid because she is an at-will employee, and she can be terminated without a reasonable cause.
B
Title VII of the Civil Rights Act of 1964 does not include a prohibition against discrimination on the basis of sexual orientation, but it does protect homosexuals if the employment action:
A. results in a disparate impact on heterosexuals.
B. is based on race or religion.
C. is taken because an employee failed to perform at his or her job.
D.results in undue hardship for employers.
B
