South Carolina Sexual Harassment IQ Test

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Multi-State
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US-04033BG
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Description

The main civil rights act dealing with employment discrimination is Title VII of the Civil Rights Act of 1964, as amended. It prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. Sexual harassment is a type of sex discrimination which is a violation of Title VII. Employers need to have written policies forbidding sexual harassment. Offenses that would constitute sexual harassment include:


" Demands for sexual favors in exchange for job benefits (quid pro quo);

" A job "environment" that involved sexual suggestions;

" Hostile conduct toward an employee who refused to provide sexual favors;

" Verbal or physical suggestions with a sexual overtone.


A supervisor, as well as the employer, can be held liable for failing to take action regarding complaints of sexual harassment by one employee toward another. The Sexual Harassment IQ Test will help you determine how well your employee's understand sexual harassment law. It also may help you prove to the court, if you are sued, that you exercised reasonable care to prevent or promptly correct any harassing behavior.

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FAQ

It has four elements:Unwelcome;Sexual conduct or conduct directed at a protected category;Offensive to the recipient and to a reasonable person; and,Conduct that is severe or pervasive (repeated).

The 'reasonable person standard' is a legal term often used in cases of sexual harassment. In layman's terms, it refers to a hypothetically reasonable person with a reasonable way of interpreting and reacting to a situation of sexual harassment.

Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

The subjective test is whether it is unwelcome and sufficiently severe to the complainant. And the objective test is whether, from a reasonable person's perspective, the behavior would also meet that standard.

The test for workplace harassment is therefore, whether the Respondent's conduct was vexatious and known or ought reasonably to be known to be unwelcome. In making this determination, an objective standard is used.

To win a harassment lawsuit, you'll have to prove each of these elements in court.Protected Characteristic. Legally speaking, harassment is a type of discrimination.Offensive Conduct.Unwelcome Conduct.Severe or Pervasive.Terms and Conditions of Employment.Get Legal Help.

Unfortunately, one of the reasons it is so pervasive is that it is so hard to prove. Proof can be extremely important in such cases for many reasons. It can make it harder for harassers to deny their behavior and avoid consequences. It can also make it harder for a business to simply ignore the behavior or cover it up.

According to the penal code of California, any of the following acts can be classified as harassment.Assault.Battery.Credible Threat of Violence.Stalking.Harassing Behavior.Civil Harassment.Domestic Harassment and Violence.Elder or Dependent Harassment.More items...?

The reasonable person standard aims to avoid the potential for parties to claim they suffered harassment when most people would not find such instances offensive if they themselves were the subject of such acts.

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South Carolina Sexual Harassment IQ Test