Flash Cards For Hrm Law Exam 3

Front 1

Employer liability related to sexual harassment

Back 1

There are a couple different types of employer liability situations
Supervisor toward employee (tangible employment action)
Supervisor toward employee (no tangible employment action)
Co-worker harassment or third party harassment harassment of employee

Front 2

Supervisor toward employee with tangible employment action

Back 2

Generally quid pro quo sexual harassment, generally when a boss witholds priviledges from employees for sex. An employer is strictly liable for the tangible acts of its supervisors regardless of if they knew or should have known

Front 3

Supervisor toward employee no tangible action

Back 3

if there is no tangible acts such as termination but the supervisor creates severe and or pervasive hostile work environment the employer is not strictly liable with no tangible actions present.

Front 4

Co-worker harassment or third party harassment of employee

Back 4

Employer could be held liable if they were aware of harassment.

Front 5

Hostile environment

Back 5

The environment is considered hostile when the actions and or behaviors are unwanted

Front 6

Quid pro quo sexual harassment

Back 6

when a supervisor demands sexual activity from an employee for bonuses raises or just to keep their job.

Front 7

Managements responsibility when investigating a HS claim.

Back 7

Must give thorough investigation and be cooperative. both parties must cooperate, who what when where and how

Front 8

Filling and EEOC claim for retaliatory discharge.

Back 8

Often punitive damages are involved when cases of retaliation arise.

Front 9

Threshold element

Back 9

The threshold element for a sexual harassment case is if the behavior is unwanted.

Front 10

Severe and/or Pervasive activity

Back 10

Harassing activity that is more than an occasional act or is so serious that it is the basis for liability.

Front 11

Employer liability regarding knowing or should of known

Back 11

when dealing with supervisors and tangible actions it doesn't matter, when dealing with third party or non tangible it can matter if they didn't know.

Front 12

Reasonable Accommodations

Back 12

A company needs to reasonably accommodate for religious and other situations

Front 13

Undo hardship

Back 13

a company has to make reasonable accommodations for employees as long s they don't cause undo hardships.

Front 14

Reasonable victim standard

Back 14

a reasonable victim needs to decide if the behavior is pervasive and harassing

Front 15

Religious organization exemption

Back 15

religious organizations such as churches are allowed to discriminate against religions.