Quantum Units Education®

Introduction

1. The employer may be able to avoid liability or limit damages by establishing an affirmative defense that includes which necessary elements?

2. While the anti-discrimination statutes seek to remedy discrimination, their primary purpose is to prevent violations.

3. The question of liability arises only after there is a determination that unlawful harassment occurred.

4. Harassment does not violate federal law unless it involves discriminatory treatment on the basis of which of the following?

5. The anti-discrimination statues are a general civility code, therefore federal law prohibits teasing and offhand comments.

Who Qualifies as a Supervisor?

6. The determination as to whether a harasser has the authority of a supervisor is based on his or her job title.

7. Which of the following is considered a tangible employment decision?

Harassment by Supervisor That Results in a Tangible Employment Action

8. Altering an individual’s job title does not qualify as a tangible employment action if the only effect is which of the following?

Harassment by Supervisor That Does Not Result in a Tangible Employment Action

9. The employer will be liable if which of the following takes place?

10. How often should an employer redistribute copies of the policy and complaint procedure that it provided to every employee?

11. The prohibition should cover harassment by supervisors, co-workers, or non-employees.

12. A complaint procedure should be rigid so that everyone involved knows what to expect and the steps for taking action are laid out clearly.

13. If a fact-finding investigation is necessary, it should be scheduled for 6 to 12 weeks post this determination to give everyone adequate time to prepare.

14. Which of the following is not an example of a measure to take before completing the investigation to ensure that further harassment does not occur?

15. The fact that there are no eye-witnesses to the alleged harassment does not necessarily defeat the complainant’s credibility.

16. An employer who exercised reasonable care is not liable for unlawful harassment if the aggrieved employee could have avoided all of the actionable harm.

17. Since an employee who failed to use any complaint procedure provided by the employer will satisfy the employer’s burden, an employee who failed to complain carries the burden of proving the reasonableness of that decision.

18. While an employee can be expected to cooperate in the employer’s investigation by providing relevant information, an employee can never be required to waive rights, either substantive or procedural, as an element of his or her exercise of reasonable care.

Small Employers on Employer Liability for Harassment by Supervisors

19. Depending on the state in which the allegation arises, the deadline for filing the EEOC charges is _____ days after the last date of alleged harassment.

20. The deadline for filing the EEOC charges can be extended for the purpose of an employer’s internal investigation of the complaint.