QUESTION 31 Use this fact pattern to answer Questions 31 - 34. Snow White (Snow) was an employee at Dewy, Cheatum & Howe, Inc. (DC&H), the most prestigious accounting firm in the Enchanted Forest. Her immediate supervisor, Prince Charming (Charming), had been making inappropriate comments to her, and about her, to other workers for a few months. The comments were of a sexual nature and despite Snow's request that the comments stop, they did not. One day Charming called Snow into his office and told her she had a bright future with the firm and if she slept with him on their next business trip, he would guarantee her a significant promotion that she had applied for. Snow was horrified. The following day he stopped by her cubicle to warn her that if she refused to take him up on his offer, he would make certain she was immediately demoted, and her evaluations would turn negative. Snow White became increasingly anxious about being in the office, was agitated while at work and could not focus on the responsibilities of her job. She was in constant fear that Prince Charming would approach her with an inappropriate comment or joke at work and also that she might lose her job. She needed the promotion to help take care of the Seven Dwarfs who had recently moved in, having fallen on hard times. DC&H had recently implemented a policy against sexual harassment in the workplace and held training for all employees, including Prince Charming. The President of Human Resources, the Evil Queen, was identified in the policy as the Director of Sexual Harassment Complaints. Snow met with the Evil Queen and notified her of Charming's statements and conduct. The Evil Queen took no action. Instead, she told Snow she was overreacting. One day before the business trip, Snow quit her job even though she did not want to. She experienced several panic attacks at the thought of dealing with Charming on the trip. She considered filing a complaint with the EEOC and pursuing an action in court if necessary. Snow seeks legal advice from your law office. Question #31 - Identify the legal cause of action in Snow White's sexual harassment claim against DC&H. A. Hostile Work Environment Sexual Harassment B. Vicarious Liability Sexual Harassment C. Tort Law Sexual Harassment D. Sexual Orientation Harassment QUESTION 32 Using the fact pattern in Question #31: Can Snow White prove a prima facie case of sexual harassment? A. Yes because as a woman she is a member of a protected class and the conduct of Prince Charming is based on sex. B. Yes because Snow objected to the conduct and it occurred during the scope of her employment because Prince Charming's actions and statements occurred while they were in the office during the workday. C. Yes because the harassing conduct had a deleterious effect on Snow's ability to do her job. She could not concentrate and was fearful to go to work. D. All of the choices above. QUESTION 33 Using the fact pattern in Question # 31: What defenses are available to DC&H? A. DC&H has a defense because there is no evidence of a Tangible Employment Action. B. DC&H has no defenses. When Prince Charming conditioned the return of sexual favors (spending the night with him on the next business trip) on Snow White's ability to earn overtime shifts and obtain positive performance evaluations, he engaged in a Tangible Employment Action. C. DC&H has a legitimate and non-discriminatory reason for taking action against Snow White in the future - she is more concerned about the Seven Dwarfs than her job. D. None of the choices above