1. melda, a prolific shoe buyer, refuses to be waited upon by male shoe store clerks. The owner of Shoe Business thus tells all his male clerks not to wait on Imelda so as not to anger her. A male clerk thinks this is illegal gender discrimination because part of his compensation is commission based on sales volume. Is he correct?
a. yes, because gender based customer preferences are legitimate
b. no, because gender based customer preferences are legitimate
c. yes, because gender based customer preferences are not legitimate unless they implicate a reasonable privacy interest
d. no, because shoe sales do not affect interstate commerce
e. yes, but only on a disparate impact theory
2. A worker files a sexual harassment claim against her supervisor. If successful,
a. the employer cannot be held liable if it could not reasonably have known of the harassing behavior
b. the employer cannot be held liable unless it participated in or approved of the harassing behavior
c. the employer can be held liable even if it could not reasonably have known of the harassing behavior
d. the employer can be held liable but only under federal law
e. the employer can be held liable but only under California law
3. To prove sexual harassment, the plaintiff
a. must show premeditation
b. must show that more than one harasser was involved
c. must show that more than one incident was involved
d. must show that he or she never had any consensual relations with the harassee
e. need not show that the harassment persisted over a long time if the harassment was sufficiently frequent or offensive
4. Studly was interested in an intimate relationship with his supervisor in the beginning, but later lost interest, and the supervisor ceased any advances toward Studly. Now, Studly has had a falling out with the supervisor and wants to assert harassment. Can he successfully do so?
a. No, because at the time it occurred, the behavior complained of was not unwelcome
b. No, because the claim must be asserted before the behavior complained of ceases
c. Yes, because sexual activity between members of the same workforce constitutes per se harassment
d. Yes, because sexual activity between a supervisor and subordinate in the same workforce constitutes per se harassment
e. Only if he can bench-press 350 lbs. and there is no adverse impact on steroid-challenged individuals.
5. With regard to victims' sensitivity levels in sexual harassment cases,
a. the U.S. Supreme Court has mandated use of the reasonable person standard
b. the U.S. Supreme Court has mandated use of the reasonable victim standard
c. the U.S. Supreme Court has not specified the proper standard, so the standard varies by jurisdiction as discussed in class
d. the proper standard depends on the harassment policy set forth in the employer’s handbook
e. the proper standard depends on the contractual arrangement between the parties