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Flashcards in Claims: Harassment Deck (12):

What are the two types of harassment claims?

Quid pro quo

Hostile environment


What is the definition of quid pro quo in the harassment context?

When sexual conduct is a condition of tangible employment benefits, including salary, promotion, and continued employment.


What formal defenses are available to rebut a claim of quid pro quo harassment?



When does liability attach for a claim of quid pro quo harassment?

When the plaintiff proves her claim.


In a claim for hostile work environment harassment, a plaintiff must prove these 4 things. . .

Protected class

Conduct was because of the protected class

Behavior was unwelcome (sex discrim. only)

Conduct was severe OR pervasive.


Can there be a claim for hostile work environment harassment based on sex orientation?



When determining whether the conduct was severe or pervasive in a hostile work environment claim, what four factors will the court consider?

Severity of the discriminatory conduct

Frequency of the discriminatory conduct

Whether the conduct is physically threatening or humiliating

Whether the conduct unreasonably interfered with the employees work performance.


Under a claim for hostile work environment, employer liability depends on . . .

The status of the harasser(s).


For hostile work environments created by supervisors, the employer is . . .

Vicariously liable.


For hostile work environments created by supervisors, the employer is vicariously liable BUT has a two-part affirmative defense. It will not be held liable if it can prove:

It used reasonable care to prevent and promptly correct the harassment; AND

The employee unreasonably failed to use reporting procedures created by the employer.


For hostile environment claims created by co-workers, the employer will be held liable under a ______ standard if the plaintiff can prove (2 elements):


Employer knew or should have known of the harassment; AND

Employer failed to take prompt, remedial action.


Under hostile work environment claims, a supervisor is defined as someone who is . . .

Empowered by the employer to take tangible actions against the victim. Such actions include "significant change in employment status."