SEXUAL HARRASMENT - ANSWERS
Quiz #1
1. Individuals can be held personally liable for sexual harassment. TRUE
2. Volunteer and unpaid interns are not protected against sexual harassment. FALSE
Quiz #2
1. The promise of reward or threat of punishment in exchange for sexual favors must be explicit in order to constitute quid pro quo sexual harassment. FALSE
2. An employee who gives into the demand for sex in order to avoid negative consequences forfeits his or her claim for quid pro quo sexual harassment. FALSE
3. If the alleged harasser denies the charge, a claim for sexual harassment cannot be successful without a neutral witness or documentary evidence supporting the complainant’s accusations. FALSE
Quiz #3
1. To prove a hostile work environment sexual harassment, the complaining party does not need to show that they suffered adverse employment action. TRUE
2. To prove a hostile work environment sexual harassment, the complaining party must show that they were subjected to unwanted sexual attention that was both severe and pervasive. FALSE
Quiz #4
1. Sexual desire is a key element to any claim for sexual harassment. FALSE
2. An employee can file a claim for sexual harassment even if the supervisor took no adverse employment action (e.g., termination, failure to hire, demotion), against the employee. TRUE
Quiz #5
1. In California, if the employee does not take advantage of the established internal complaint process, the employer has a complete defense to an action for sexual harassment. FALSE
Quiz #6
1. Unpaid interns and volunteers are protected under federal laws against sexual harassment. FALSE
2. California law is broader than federal law in providing protection against sexual harassment. TRUE
Quiz #7
1. California law identifies 17 specific protected bases for employment, discrimination, harassment and retaliation. TRUE
2. Sex, sexual orientation, gender, gender identity and gender expression are all protected bases under the FEHA. TRUE
Quiz #8
1. The DFEH can seek injunctive relief to compel employers to take all reasonable steps to prevent unlawful discrimination without proving an underlying violation of the FEHA. TRUE
2. The employer’s duty to take immediate, effective action in response to a claim of sexual harassment only applies where there is a credible report or threat of unwanted physical contact. FALSE
Quiz #9
1. The FEHA makes it unlawful to engage in behavior that a reasonable person in the employee’s place would find demeaning. FALSE
Quiz #10
1. An employer is strictly liable for sexual harassment committed by a supervisor or agent. TRUE
2. Only employers with five (5) or more employees are liable for sexual harassment under the FEHA. FALSE
3. Sexual desire is a required element of a sexual harassment claim. FALSE