$15)$ Please answer the question: The EEOC regulations that pertain to harassment spell out elements that are different than the common law elements of harassment. Why?

The EEOC regulations were written by a federal governmental agency and are enforced by them, while the common law elements come from prior court cases and are enforced by the courts. We previously established that most of the time, a plaintiff has to go through the EEOC or a state agency like the MCAD first before pursuing a court case. Therefore, understanding EEOC regulations and similar state regulations is important.

Chapter $8$ textbook: Employment Law for Human Resource Practice, $7$th Edition, $(2024)$ David J$.$ Walsh on page $355,$ the EEOC defines sexual harassment as follows:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature $...$ when

$(1)$ submission to such conduct is made either explicitly or implicitly a term or condition of an individual$$s employment,

$(2)$ submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or

$(3)$ such conduct has the purpose or effect of unreasonably interfering with an individual$$s work performance or creating an intimidating, hostile, or offensive working environment.

The word $"$or$"$ is important because $\_\_\_\_\_\_\_\_\_\_\_\_\_\_.(***$ please choose the correct option A$-$D$)$

A$)$ If a plaintiff continues to get paid, s$/$he can't claim any of these elements.

B$)$ If a plaintiff can show a hostile work environment claim, then s$/$he doesn't have to prove elements $(1)$ and $(2).$

C$)$ If a plaintiff is not fired, s$/$he cannot prove any of these three elements.

D$)$ If a plaintiff wants to win a harassment claim, s$/$he has to prove all three elements.

$16)$ Please answer the question: Which statement is FALSE when it comes to Harassment That Results in Tangible Employment Actions? $(***$ please choose the correct option A$-$E$)$

A$)$ For a tangible employment action claim to succeed, it is critical that the plaintiff show that the tangible employment action is causally linked to her rejection of or submission to harassment.

B$)$ In a tangible employment action claim, the harasser must possess sufficient authority to influence or determine employment outcomes

C$)$ If an employee is forced to quit due to severe harassment that results in a demotion or pay cut, it can be deemed a constructive discharge, and a tangible employment action case exists.

D$)$ If a supervisor threatens employment consequences but does not take any action when the employee refuses sexual advances, there is still a tangible employment action claim.

E$)$ These cases often involves a sexual advance or demand for sexual favors that can be $$traded$$ for some employment outcome, also known as a quid pro quo scenario.

$17)$ Please answer the question: A hostile work environment claim is a type of harassment in which an employee is subjected to offensive verbal or physical conduct sufficiently $\_\_\_\_\_\_\_\_\_\_\_\_$to create an intimidating, abusive work environment in which it becomes more difficult to perform or remain on the job. $(***$ please choose the correct option A$-$D$)$

A$)$ offensive and discriminatory

B$)$ severe or pervasive

C$)$ uncivil or rude

D$)$ all of the above

$18)$ Please answer the question True or False: Employers can never be held liable for hostile environment claims if the people who harassed the plaintiff were coworkers of the plaintiff. $(***$ Please choose if it is True or False$)$

$19)$ Please answer the question True or False: If a workplace does not have a formal written policy about harassment in the employee handbook, it's a violation of the law. $(***$ Please choose if it is True or False$)$