August 2014 Coach's Quiz
We’ve suggested five rules to reduce the risk of a sexual harassment claim at your community. Now let’s look at how the rules might apply in the real world. Take the COACH’s Quiz to see what you’ve learned.
INSTRUCTIONS: Each of the following questions has only one correct answer. On a separate piece of paper, write down the number of each question, followed by the answer you think is correct—for example, (1) b, (2) a, and so on. The correct answers (with explanations) follow the quiz. Good luck!
QUESTION #1
A prospect says she’s interested in a unit, but says the rent is higher than she expected. The leasing agent says he’s sure they can work out some arrangement if she’d go out with him. The leasing agent says he’d be doing her a favor by reducing the rent, so it’s not sexual harassment. True or false?
a. True.
b. False.
QUESTION #2
A male resident complains that the on-site manager, a woman, has been repeatedly calling and texting him with sexually suggestive comments and messages. Sexual harassment occurs only when a man harasses a woman, so you don’t have to worry about a sexual harassment complaint. True or false?
a. True.
b. False.
QUESTION #3
A resident reports that a neighbor has been sexually harassing her. If you ignore the complaint, your community could be sued for sexual harassment. True or false?
a. True.
b. False.
QUESTION #4
A resident recently accused a maintenance man of sexual harassment for leering at her during a service call. An investigation exonerates the maintenance man of any wrongdoing, but now the resident says it’s a cover-up and threatens to file a fair housing complaint. The manager says she’s a troublemaker and wants to get rid of her when her lease is up next month. The community could face a fair housing claim if the manager decides against renewing her lease. True or false?
a. True.
b. False.
COACH’S ANSWERS & EXPLANATIONS
QUESTION #1
Correct answer: b
Reason: Rule #1 applies here:
Rule #1: Establish a Zero-Tolerance Policy Against Sexual Harassment
The prospect could sue for quid pro quo sexual harassment, which occurs when housing benefits are explicitly or implicitly conditioned on sexual favors. It doesn’t matter whether the leasing agent is offering her a favor—or threatening her with adverse action—he’s putting the community at risk of a sexual harassment complaint by suggesting or implying that failure to accept a date would affect the terms of a rental.
QUESTION #2
Correct answer: b
Reason: Rules #1 & #2 apply here:
Rule #1: Establish a Zero-Tolerance Policy Against Sexual Harassment
Rule #2: Focus on Employee Hiring and Training
Fair housing law protects both men and women from sexual harassment—whether the perpetrator is male or female. Make sure that employees understand that sexual harassment consists of unwelcome sexual conduct—through words or actions—toward prospects, applicants, residents, guests, and other visitors, regardless of their gender.
QUESTION #3
Correct answer: a
Reason: Rules #3 & #4 apply here:
Rule #3: Don’t Ignore Sexual Harassment Complaints
Rule #4: Take Prompt Action to Halt Harassment
If you get a sexual harassment complaint, it’s important to investigate and take prompt action to resolve any problems, regardless of whether it’s against an employee, outside vendor, or a neighbor. Some courts have held owners and managers liable in situations where they knew of tenant-on-tenant harassment and did nothing to stop it.
QUESTION #4
Correct answer: a
Reason: Rule #5 applies here:
Rule #5: Don’t Retaliate Against Anyone Complaining About Sexual Harassment
The resident could accuse the community of retaliation if it doesn’t renew her lease because of her prior sexual harassment complaint. Under the retaliation provisions, it’s unlawful to take action against anyone for exercising her rights under fair housing law. And it’s a separate violation of fair housing law, so the community could face liability regardless of the validity of her original sexual harassment complaint. Because of the risk of a retaliation claim, the community should get legal advice before making any decisions about whether to renew her lease.
See The Lesson For This Quiz
| How to Reduce the Risk of a Sexual Harassment Claim at Your Community |