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Sexual Harassment and Sexual Orientation

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6. The most obvious form of sexual harassment is:

A) quid pro quo sexual harassment.

B) hostile environment sexual harassment.

C) sexual harassment based on female animus.

D) sexual harassment based on male animus.

7. In Blakely v. Continental Airlines, Inc. the court said:

A) sexual harassment, to be actionable, must occur on the employment site.

B) sexual harassment, to be actionable, must have some physical nature to it meaning that the offending acts occur in the presence of the victim.

C) sexual harassment could occur electronically and outside of the workplace.

D) electronic messages alone cannot constitute sexual harassment.

8. Joe is a gay black man. He is open about his sexual orientation and often places unsolicited gay oriented pamphlets (informational, but not obscene) on other employees' desks. Joe also wears severe make-up although he is not transsexual. After repeated requests to halt the distribution of the literature and to stop wearing the make-up, he is fired for noncompliance. Joe has sued claiming discrimination.

A) the employer will prevail if they can show that the literature was a workplace disruption.

B) the employer will prevail if they can show that the make-up was a workplace disruption.

C) both a and b.

D) Joe will prevail because Title VII prohibits discrimination based on race.

E) Joe will prevail because Title VII prohibits discrimination based on sex.

F) both d and e.

9. Title VII does not protect the characteristic of being:

A) homosexual.

B) bi-sexual.

C) transsexual.

D) a, b and c.

E) a, b and c are each protected.

10. In Tanner v. Oregon Health Service University, three lesbian employees sued when the university denied insurance benefits to the employees domestic partners, they prevailed:

A) based on the Oregon Constitution's Privileges and Immunities Clause.

B) based on the Oregon Constitution's Due Process Clause.

C) based on Title VII.

D) based on an Oregon state statute.

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This solution assists with multiple choice questions on employment law e.g. sexual harassment and sexual orientation, providing the best answer and an explanation.

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Discrimination Based on Sexual Orientation

An employee feels that he/she has been discriminated against on the basis of sexual orientation. What, if any, law is available to protect the employee against such discriminatory animus? Can Title VII be utilized for protection? Should Title VII be amended to specifically include protection against discrimination based on sexual orientation? Lastly, should employers provide protection against sexual orientation discrimination regardless of whether or not statutory protection exists?

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