W3: Harassment

Question 1

What are the two most common forms of harassment?

Answer 1

Sexual and Racial

Question 2

When claiming harassment plaintiffs must show that they:

Answer 2

-harassment was unwelcome
-basis for attributing liability to the employer
-harassment based on a protected class characteristic
-resulted in a tangible employment action OR create/alter hostile work environment

Question 3

plaintiffs must prove that opposite or same sec harassment is because of…

Answer 3

their sex

Question 4

who can create a hostile work environment?

Answer 4

coworkers, third parties (customers & clients), managers and supervisors

Question 5

What does the plaintiff have to establish to prove the employer is liable?

Answer 5

1. The employer knew or should have know about harassment
2. The employer failed to take prompt and appropriate action to stop the harassment

Question 6

Hostile work environment must be _ or _ to be actionable

Answer 6

severe or pervasive

Question 7

T/F Employers have a clear legal obligation to protect employees from harassment

Answer 7

true

Question 8

how to tell if the harassment was unwanted or offensive?

Answer 8

if the person did not solicit or provoke harassing behavior

Question 9

How to investigate he said/she said harassment cases?

Answer 9

1. Check/re-examine
2. Interview witnesses
3. Reflect observations and statements, not conclusions
4. Have a second experienced investigator present

Question 9

4 factors of credibility

Answer 9

1. Witness demeanor
2. Consistency
3. Chronology of events
4. Past history & motivations

Question 10

slides 16&17