Question

1.What is the Ellerth/Faragher affirmative defense?

a. an employer's attempt to avoid liability for a sexual harassment claim on the basis of its prior record

b.the employer should not be held responsible for the harassing behaviour because the harasser was not an employee

c.the employer maintained a reasonable anti discrimination policy and the employee did not use it

d.the employer maintained anti discrimination policy that most were unfamiliar with, but it excused because the policy might have led to a different result

2.Gregory, the manager of a consulting firm, invariably yells at all of his employees, calling them "stupid," "idiot," "useless," or similar terms. However, when he shouts at his female staff members, he usually adds an additional word such as "bitch," "whore," or some other obscene reference specific to the gender. Adrianne, a subordinate who is fed up with Gregory's behavior, decides to file a complaint with the Equal Employment Opportunity Commission (EEOC). Which of the following holds true in this case?

a.Adrianne can prevail on a hostile environment sexual harassment claim because Gregory's hostility has a component specifically directed at women

b.Adrianne can prevail on a complaint of hostile environment gender discrimination only under state laws but not under Title VII of the Civili Right ac 1964

c.Adrianne cannot prevail on a hostile environment gender discrimination claim because Gregory has not asked her for sexual favors

d.Adrianne cannot prevail on a complaint of hostile environment sexual harassment because Gregory invariably yells at his male employees as well

Answer 1

1.(a) an employer's attempt to avoid liability for a sexual harrasment claim on the basis of its prior records.

Explanation:

Ellerth/Faragher affirmative defense is an employer's attempt to avoid liability of a sexual harrasment claim or defend himself against any such claim of harrasment in work place.

2.(a) Adrianne can prevail on a hostile environment sexual harrasment claim because Gregory's hostility has a component specifically directed at women.

Explanation:

In order to file a complaint with the Equal Employment Opportunity Commission(EEOC) gender based discrimination of any kind is considered a criteria contributing to hostile environment based on sexual harrasment.Adrianne can therefore file a complaint prevailing on a hostile environment sexual harrasment claim as Gregory's hostility has a component specifically directed at women.