So, you think you know all about harassment? Take this quiz and find out!
Because harassment seems to be a big topic in our blog lately, I decided to search for an online quiz to test everyone’s expertise in this area. Of course, if you read George’s earlier posting, by taking this quiz, you may be more likely to file a lawsuit against your organization!! Just kidding, George!
Click “Continued” for the link to the quiz.
Here’s the quiz. Try your knowledge out! Or, ask some of your HR managers to try it out!
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Whew! I got 20 out of 20. What credibility would I have left on this blawg if I didn’t?
So now you know, in addition to being a Grammar God [see an earlier post regarding a grammar quiz], I’m a Harassment Hotshot!
Seriously, this quiz illustrates one of my points yesterday about making sure training does not do more harm than good. A little knowledge can be a dangerous thing, and many of these questions highlight potential liability, ignoring the numerous hurdles employees must clear to assert a viable legal claim.
Start with the first question: “An employer will not be liable for sexual harassment committed by managers or supervisors as long as it is not aware of the conduct.”
This is false only in a relatively narrow set of circumstances.
If there is a tangible employment action by the manager or supervisor, the employer has no defenses, including ignorance.
If there is no such action, the affirmative defense is potentially available. If the employer is not aware, this would indicate that the employee failed to act reasonably to use complaint procedures or otherwise avoid harm, establishing half of the defense. Thus there would only be liability if the employer failed to take reasonable care to prevent and correct harassment. Otherwise the second half of the defense would be established, and liability avoided.
This is an important point to make. Employees should be encouraged to make sure the employer does know. Telling them there can be liability even if the employer is ignorant conflicts with this message.
Similar comments could be made about other questions in this quiz.
Having said that, I think this type of quiz format can be very useful. Legally, it would be nice to be able to show that the quiz was given and various people involved in a harassment case passed with flying colors! Practically, it can reinforce training messages and/or provide a great starting point for a discussion that could provide the type of balanced view I am advocating.
And to our professional readers: if YOU don’t pass with flying colors, you’d better bone up !