Question

Regarding an employer's vicarious liability for harassment, which of the following statements is true?

a.           the employer automatically has an affirmative defense to vicarious liability when a hostile environment is created by a top official

b.           the employer automatically has an affirmative defense to vicarious liability when harassment by a coworker occurs

c.           the employer is vicariously liable if a supervisor creates a hostile environment and the employer does not have a sexual harassment policy or complaint reporting procedure

d.           the employer is automatically vicariously liable when a top official takes an adverse employment action against the employee

Which of the following would be least likely to create liability for the employer if asked during an interview?

a.           Have you ever filed a workers’ compensation claim for a work-related injury or illness?

b.           Do you have a disability that requires a reasonable accommodation?

c.           How often do you go out on dates?

d.           Why do you want to work for this company?   

For purposes of determining discrimination in recruitment, the “relevant labor market” is best defined as:

a.           the protected class composition of the employer’s applicant pool

b.           the population as a whole

c.           the protected class composition of people qualified for the job, and living geographically close enough to be likely candidates

d.           the protected class composition of the geographic area

In order to avoid liability for negligent hiring, the primary question an employer must consider is:

              a.           whether the employer’s own written hiring policies are adequate

              b.           whether placing an unfit person in the particular job could be expected to result in harm

              c.           whether there is evidence of a candidate’s unfitness that could be found through a thorough personal interview with the applicant

              d.           whether the employer complied with its own written hiring policies

Answer 1

c. The employer is vicariously liable if a supervisor creates a hostile environment and the employer does not have a sexual harassment policy or complaint reporting procedure is the statement that is true regarding an employer's vicarious liability for harassment. Whereas the remaining ones are not true in this regard.

d. Why do you want to work for this company? would be least likely to create liability for the employer if asked during an interview. Whereas the remaining questions would create liability in better ways for the employer.

c. The protected class composition of people qualified for the job, and living geographically close enough to be likely candidates is something that the “relevant labor market” is best defined as for purposes of determining discrimination in recruitment. Whereas the remaining ones are not relevant in this context.

b. Whether placing an unfit person in the particular job could be expected to result in harm is the primary question an employer must consider in order to avoid liability for negligent hiring. Whereas the remaining ones can't be considered as primary questions in this context.

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