1. To constitute actionable sexual harassment, the conduct complained of:
A) must result in constructive discharge. B) must include requests for some form of sexual activity in exchange for workplace benefits. C) need not necessarily include sexual overtones. D) need not necessarily be severe or pervasive.
2. Marlena is an employee at the Super Buzz Cola warehouse. Larry, a truck driver working with the logistics company that supplies Super Buzz Cola to all supermarkets, makes lewd remarks and asks for sexual favors whenever he sees Marlena. Though she warns him against such behavior, he continues to harass her. An upset Marlena complains to her supervisor, who in turn tells her that it is not the company’s problem as Larry is an outsider. Thus, no corrective action is taken on Super Buzz’s end. Which of the following holds true in this case?
A) Super Buzz is not liable for sexual harassment because Larry is not its employee.
B) Super Buzz is not liable for sexual harassment because Title VII of the Civil Rights Act of 1964 does not protect employees of private employers.
C) Super Buzz is liable for sexual harassment only if Marlena is physically harassed by Larry.
D) Super Buzz is liable for sexual harassment regardless of whether the harasser is a co-worker or a third party.