April 2008 Coach's Quiz

March 31, 2008

We have given you seven rules on how to minimize potential liability for sexual harassment. Now let's look at how the rules might apply in the real world. Take the COACH's Quiz to see what you have 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.

COACH's TIP: The correct answers (with explanations) follow the quiz. Good luck!

We have given you seven rules on how to minimize potential liability for sexual harassment. Now let's look at how the rules might apply in the real world. Take the COACH's Quiz to see what you have 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.

COACH's TIP: The correct answers (with explanations) follow the quiz. Good luck!

QUESTION #1

A female resident comes to the office to request a few more days to pay the rent. The property manager tells her that she is attractive and that they should be able to “work out an arrangement” to take care of the problem. Has the property manager sexually harassed the resident?

  1. Yes.

  2. No.

QUESTION #2

A maintenance worker goes to a resident's unit to make repairs, and reports that the resident offered him a drink, asked whether he was married, and said that she was lonely. He says he wasn't sure what to do, but he agreed to have a drink while he performed the repair. As his supervisor, what should you do?

  1. Forget it. He seems to have handled the situation properly, so there's no need to do anything about it.

  2. Review the maintenance department's code of conduct with the employee so he will know how to handle any similar situations in the future.

  3. Write him up. He should have known that he should not have a drink with residents.

QUESTION #3

Several residents complain that a security guard tells them dirty jokes and makes sexually crude remarks. This is the first time you have received a complaint from residents about this employee, but you previously received a similar complaint about him from a female coworker and cautioned him about his behavior. When you ask the security guard about it, he says he was just being friendly and that they “couldn't take a joke.” What should you do?

  1. Ask him to repeat the jokes, so you can decide whether the residents were being overly sensitive.

  2. Warn him not to tell jokes, dirty or otherwise, to residents or coworkers.

  3. Launch an investigation into the complaint under your community's sexual harassment policy.

  4. Fire him. You already warned him about his behavior, and you shouldn't have to do it again.

QUESTION #4

You notice that the employees of the landscaping company you hired often take their lunch break on the grounds beside the pool. You notice that they talk and laugh among themselves, and seem to pay a lot of attention to the female residents swimming or sunbathing. Nevertheless, you haven't received any complaint from a resident about their behavior, so you should:

  1. Do nothing. If you don't receive a complaint, there is no problem.

  2. Monitor the situation. Have someone observe their lunchtime behavior and any reactions by your residents, to determine whether there might be a possible problem.

  3. Terminate the vendor's contract. You can't risk a potentially expensive sexual harassment case.

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Coach's Answers & Explanations

QUESTION #1

Correct answer: a

Reason: Rule #1 applies here:

Rule #1: Establish Sexual Harassment Policy

Your sexual harassment policy should make it clear that offering to change the terms of the tenancy in exchange for sexual favors is a form of sexual harassment and a violation of fair housing law.

Wrong answer explained:

  1. For the manager's conduct to be considered sexual harassment, he does not have to explicitly ask for sex in exchange for accepting the late payment. By commenting on the resident's appearance while suggesting they can work out an arrangement, the manager has implied that she can perform sexual favors to avoid the consequences of paying the rent payment late.

QUESTION #2

Correct answer: b

Reason: Rules #1 and #3 apply here:

Rule #1: Establish Sexual Harassment Policy

Rule #3: Provide Sexual Harassment Training

The maintenance worker's actions and his statement that he didn't know what to do suggest the need for sexual harassment training. In addition to reviewing your code of conduct with the employee involved, it may be time to arrange for meaningful sexual harassment training for all your staff.

Wrong answers explained:

  1. Though it doesn't sound as though your employee took advantage of the situation, it's important to avoid any circumstances that leave you vulnerable to a false accusation of improper conduct by the maintenance staff.

  2. Training, rather than discipline, seems to be your best response to this situation. Nevertheless, it's a good idea to document what happened and your response, in case you receive any complaints from this resident or about the worker in the future.

QUESTION #3

Correct answer: c

Reason: Rules #4 and #5 apply here:

Rule #4: Investigate Sexual Harassment Complaints

Rule #5: Take Disciplinary Action Against Offenders

Promptly investigate and respond to the residents' complaints according to the procedures outlined under your sexual harassment policy. Depending upon the results of your investigation, it may be necessary to discipline the guard, particularly in light of similar complaints about him in the past and his apparent persistence in such conduct.

Wrong answers explained:

  1. Even if you don't find the jokes particularly offensive, your sexual harassment policy should prohibit unprofessional conduct, such as making sexually suggestive or obscene comments, jokes, or propositions.

  2. The time has passed for informal warnings. If the residents' complaint is true, the guard apparently failed to heed your previous warnings about telling dirty jokes to residents or coworkers. Your risk of liability increases if you fail to take reasonable steps to halt sexual harassment.

  3. Comply with your sexual harassment policy by promptly investigating the complaint before taking any disciplinary action against him. Even though you already warned him about his behavior, consult your attorney about the most appropriate disciplinary action based upon the results of your investigation.

QUESTION #4

Correct answer: b

Reason: Rule #4 applies here:

Rule #4: Investigate Sexual Harassment Complaints

Be proactive: You don't have to wait until you receive a formal complaint before you look into suspicious activity. Monitoring the situation will help you gauge whether further action is required.

Wrong answers explained:

  1. The fact that no one has complained doesn't mean that there is no problem with the situation. Part of your strategy to prevent sexual harassment claims is to confront potentially troublesome issues before they turn into formal complaints.

  2. Even if your contract gives you the right to terminate a vendor's contract based on violation of your sexual harassment policy, you will need to investigate further to determine whether your suspicions are justified, and speak with your attorney, before taking such drastic measures.

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See The Lesson For This Quiz

Best Practices For Preventing Sexual Harassment Claims

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