THE LAW: Test your sexual harassment knowledge

Human Resource professionals receive complaints about workplace interactions that run the gamut from innocuous to blatantly illegal sexual harassment.

Where is the line drawn?

Test your knowledge by taking this true-false quiz:

Question: HR doesn’t need to investigate if an employee complains that she and a co-worker have an “interpersonal dispute” involving the temperature in the office, even though the employee claims she is “being harassed” for setting the thermostat too high.

Answer: True. Purely interpersonal disputes unrelated to sexual harassment do not require investigation, although a good employer should provide guidance for the two employees to resolve the issue.

Q: Sexual harassment can include men sexually harassing other men, and women sexually harassing other women.

A: True. Any harassment relating to “sex” is not permitted.

Q: If an employee willingly extended a friend request to his or her supervisor or co-worker on social media and becomes uncomfortable with the other person becoming too familiar in their communications, the worker shouldn’t report it to HR.

A: False. Unwelcome conduct by a coworker should always be reported to HR.

Q: HR may need to tell an individual if his or her physical gestures, such as tight hugging and shoulder massages, are making others uncomfortable.

A: True. HR should always promptly investigate and remedy any alleged inappropriate touching at work.

Q: If an employee repeatedly makes sexual jokes near their cubicle, and no one involved in the conversation complains, the company bears no responsibility.

A: False. Inappropriate jokes in the workplace are not acceptable and can create a hostile work environment, even if no one complains. An employer can be liable for sexual harassment when it “should have known” about it.

Q: A single complaint doesn’t require an investigation by HR.

A: False. Any sexual harassment complaint requires an investigation by HR.

Q: A person must be sexually interested in another person in order to engage in sexually harassing words or conduct.

A: False. Sexual harassment can occur because of sexual interest, but it can also be based on hostility towards someone’s sex.

Q: If you observe harassment taking place in the workplace, it is best to let the people involved deal with it between themselves.

A: False. An employee should report the conduct to HR and let them deal with it. The person reporting the conduct is protected by antiretaliation policies and state and federal law.

Q: If you honestly did not intend to offend anyone or if you were “just joking,” your behavior cannot be considered harassment.

A: False. The test is objective (whether a reasonable person would be offended) and also subjective (whether the listener perceives the conduct as hostile and unwelcome).

Q: An employee must complain to the employer about harassment in order for the employer to be liable.

A: False. Once employers have knowledge of harassment, they have a duty to investigate and remedy it. Knowledge includes constructive notice, that is, your manager is engaged in the harassing conduct.

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If you missed three or more of these questions, you would likely benefit from a sexual harassment refresher course. Proper training is designed to modify employee attitudes toward those they work with and prevent unproductive or even illegal behaviors from happening in the first place.

Wilford H. Stone is a lawyer with Lynch Dallas in Cedar Rapids. Comments: (319) 365-9101; wstone@lynchdallas.com