Test your skills Quiz on Sexual Harassment.
Wyoming Sexual Harassment Quiz with Answer Key - Workplace
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Final answer: Under federal law, three factors commonly used to determine whether conduct is considered unlawful workplace harassment are: physical violence, interference with job performance, and severity or pervasiveness.
Questions to Ask the Complainant: Who, what, when, where, and how: Who committed the alleged harassment? ... How did you react? ... How did the harassment affect you? ... Are there any persons who have relevant information? ... Did the person who harassed you harass anyone else?
This means employers must consider both the harasser's knowledge of how their behaviour would be received and how a "reasonable person" would interpret the behaviour. Typically, for a behaviour to be considered harassment, a series of incidents must occur.
Whether the harassment was extensive enough to create a hostile or intolerable work environment for the employee; Whether the victim tolerated the harassment to keep or obtain their job; and. Whether the harassment was a retaliatory response to an employee filing or participating in a complaint.
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. See, Equal Employment Opportunity Commission (EEOC) Enforcement Guidance.
Questions to Ask the Complainant: Who, what, when, where, and how: Who committed the alleged harassment? What exactly occurred or was said? When did it occur and is it still ongoing? Where did it occur?
The investigation questions include: What did you see and hear? When was it? ... Where did it take place? Who was involved in the claims? What did each person in the incident do and say? What did you do and say? Was anyone else present? How did the complainant and subject react in response to what you witnessed?
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. The Human Rights Tribunal of Ontario articulated this standard in Vipond v.