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Sexual Harassment and the Law Open Article in Another Window
June 2011
After four decades, Title VII - which prohbits sexual harassment in the workplace - has blossomed in full via appellate decisions.
General Credit
1. Congress inserted “sex” as a protected category in the 1964 Civil Rights Act to stop sexual harassment in the workplace.  True  False
2. Opposition to including gender discrimination in Title VII came entirely from men concerned that such a change would divert women from focusing on their families.  True  False
3. Immediately after Title VII became law, federal courts struck down sexual harassment as a form of illegal discrimination.  True  False
4. Two forms of sexual harassment are quid pro quo harassment and hostile environment harassment.  True  False
5. Unless harassment unreasonably interferes with an individual’s work performance, the Equal Opportunity Commission guidelines do not recognize the conduct as unlawful.  True  False
6. In assessing whether conduct creates a hostile working environment, courts look to a “reasonable victim” standard.  True  False
7. A plaintiff must make timely use of available internal remedial procedures before seeking damages in court under Title VII.  True  False
8. Federal law imposes strict liability on employers for the conduct of a supervisor who creates a hostile working environment.  True  False
9. Unless sexual innuendo or jokes are coupled with physical contact, sexual harassment has not occurred.  True  False
10. Under Title VII, a single request for a date will constitute unlawful sexual harassment.  True  False
11. Title VII has been construed to ban discrimination based on sexual orientation.  True  False
12. Sexually suggestive verbal utterances in the workplace are protected by the First Amendment.  True  False
13. Under California law, an employer is strictly liable for the sexually harassing conduct of one of its supervisors.  True  False
14. In Reno v. Baird, the California Supreme Court held that individual supervisors can be personally liable for damages caused by their harassing conduct.  True  False
15. Under California’s Fair Employment and Housing Act, any employee who sexually harasses a co-worker is personally liable for damages.  True  False
16. In California, liability is not imposed when sexual comments were not aimed at the plaintiff or designed to denigrate the employees of a protected group.  True  False
17. Under California law, if management communicates a message that female employees are viewed as “sexual playthings,” the employer may be liable.  True  False
18. An employee may be deprived of damages if she quits and then sues rather than allowing the employer an opportunity to investigate and correct an allegedly discriminatory work environment.  True  False
19. California employers of 50 or more must train supervisors every two years in the prevention of sexual harassment, discrimination, and retaliation.  True  False
20. Under current California law, an employer with a zero-tolerance policy against harassment may still be strictly liable if a supervisor requests sexual favors from a subordinate.  True  False