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MCLE Test and Answer Sheet
Test No. 107: Harassment Measures
(Los Angeles Lawyer
July/August 2002)

Instructions for Obtaining MCLE Credits
The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour.

1.Study the CLE article in this issue.

2.Answer the test questions by marking the appropriate boxes. Each question has only one answer. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced.

3.Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:
Los Angeles Lawyer
P.O. Box 55020
Los Angeles, CA 90055 
Make checks payable to Los Angeles Lawyer.

4.You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5.Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6.For future reference, please retain the CLE test materials returned to you.
Test Sheet 
Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. Sexual harassment by a coworker cannot occur without direct physical contact.

2. The intent of the alleged harasser is not a relevant consideration in determining whether sexual harassment has occurred.

3. A California court can impose liability for sexual harassment when there is evidence that the employer's corrective action is not sufficiently harsh to make an example of the harasser.

4. A workplace harassment investigation is only required after a lawsuit is served on the employer.

5. An employee who observes, but does not participate in, offensive or inappropriate workplace behavior of coworkers cannot be held personally liable for sexual harassment.

6. An individual may state a cause of action for sexual harassment whether or not he or she was directly targeted by the offensive conduct.

7. When a supervisor is aware of improper or offensive conduct or other witnesses come forward, an investigation must proceed regardless of the victim's cooperation.

8. An employee who makes a good faith internal complaint about sexual harassment that cannot be substantiated through a neutral investigation is protected from all forms of retaliation.

9. A law firm is not liable for a hostile work environment created by a senior associate attorney when a partner is not aware of the harassing behavior.

10. A California employer is not legally responsible for a hostile work environment created by a third-party vendor unless a supervisor knows or reasonably should know about the behavior.

11. The California Legislature effectively overruled the California Supreme Court by passing a statute providing that a nonsupervisory employee may be personally liable for sexual harassment.

12. An employee must prove a loss of pay or benefits to successfully sue for harassment due to hostile work environment.

13. Under federal law, an employer may establish an affirmative defense to a harassment lawsuit by proving that it enacted a sexual harassment policy prior to the alleged harassing behavior by a supervisor.

14. An employee who experiences retaliation after making a sexual harassment complaint must first prove that harassment actually occurred before filing retaliation charges.

15. The sexual harassment provisions of the California Fair Employment and Housing Act apply to employers with five or more employees.

16. A paralegal employee confides to a first-year partner that he was offended by the lewd and suggestive remarks of a good client of the law firm while he was preparing a document production. The conduct was a single episode and he has been able to avoid any further contact with the client by asking an associate on the case to communicate with the client. The responsibility of the first-year partner is to:
A. Tell the paralegal employee to report the conduct to the billing partner on the case.
B. Advise the paralegal employee of the law firm's sexual harassment policy and the various complaint avenues it provides.
C. Tell the paralegal employee he is probably too sensitive and may have misunderstood the remarks. The employee should be reminded that he is still required to do his job, but because of the law the first-year partner should make sure that the billing partner is told of the incident.
D. Take the complaint seriously and make sure it is addressed through the appropriate channels and that an investigation is undertaken.

17. In response to a complaint by a law firm employee about offensive language, including swearing, by opposing counsel at a deposition, the firm must:
A. Investigate the circumstances and take appropriate corrective action if harassing behavior is substantiated.
B. Tell the employee that it was probably just an isolated situation because the opposing counsel's witness was ineffective. If the same behavior occurs a second time, the employee should report it.
C. Notify the opposing counsel's firm and let that firm investigate the situation.
D. Take no action because an isolated incident of swearing can never constitute sexual harassment.

18. An associate attorney in a law firm tells a member of the executive committee of the firm that he was embarrassed by the sexually explicit jokes told by representatives of a consulting firm who regularly come into the office to work on litigation support projects. The joking has increased over the last few weeks because the consulting firm representatives are working long hours preparing for another trial. The associate said nothing to the consultants directly. Six months ago he brought the joking behavior to the attention of the billing partner on one of the cases involving the representatives. The associate acknowledges, "I just wanted her to know about it, but because we were preparing for trial, we agreed not to do anything at that point." No other employees have complained. California law requires the member of the firm's executive committee to:
A. Take immediate steps to fire the consultants.
B. Make sure that a neutral fact-finding investigation is conducted in order to determine whether sexual harassment has occurred or is occurring.
C. Tell the associate that he must make a complaint under the law firm's harassment policy.
D. Wait until the current project is completed before asking for an investigation, unless another employee makes a formal complaint.
E. None of the above.

19. A law firm can use the Faragher/Ellerth affirmative defense to vicarious liability for persistent off-color e-mail messages sent by a partner to a new associate, if:
A. The firm has a policy prohibiting harassment in any form and providing accessible complaint procedures.
B. The policy is consistently enforced.
C. The harassing partner has told other partners that the associate's work is substandard but there is no tangible job action.
D. A and B.
E. None of the above.

20. Sexual harassment in a California workplace is prohibited when the employer has:
A. At least 15 employees.
B. Five or more employees.
C. At least one employee.
D. None of the above.

Address and Billing 
After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.

Before hitting the "Submit" button please verify that all questions have been answered.

*The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by The State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by The State Bar of California in the amount of one hour.

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