Challenge Yourself!

Suzy works as a lifeguard at a community pool. Soon after she was hired, she received text messages from her supervisor that said "You are the hottest girl at the pool" and "3 Dates = 1 Raise." The text messages made Suzy uncomfortable, and she did not respond in the hope that her supervisor would take the hint and leave her alone. The next day, the supervisor hugged Suzy, patted her rear end, and said "The way you look in that bathing suit, it's clear that you're my best hire yet." Suzy immediately pushed him away and reported the incident and the texts to the pool manager. Did the supervisor sexually harass Suzy?

1. A. No. Because Suzy did not respond to the text messages or otherwise tell her supervisor to back off, it is fair for her supervisor to assume that she is not bothered by his conduct.

   A is incorrect.
   The supervisor should not assume that his behavior was welcome just because Suzy did not tell him to stop. If Suzy felt comfortable doing so, she could have told the supervisor that his behavior was inappropriate, but she was not required to do so.

   NOTE: Suzy should save the text messages. They may be used as evidence if she files a sexual harassment complaint with her company or charge of discrimination with EEOC.

   Try again! Select another answer.

2. B. No. The supervisor did not harass Suzy; he complimented her in the hope that she would agree to go out with him.

   B is incorrect.
   The focus is on how Suzy felt about the supervisor's conduct, not on what the supervisor intended. Here, there is no indication that Suzy welcomed the supervisor's behavior; in fact, she pushed him off of her and reported his conduct to the pool manager in the hope that the manager would put a stop to the harassment.

   NOTE: Suzy should save the text messages. They may be used as evidence if she files a sexual harassment complaint with her company or charge of discrimination with EEOC.

   Try again! Select another answer.

3. C. Yes. The supervisor sexually harassed Suzy, but she must file a complaint with the pool manager before contacting EEOC for help.

   C is incorrect.
   Suzy may file a harassment complaint with her employer, EEOC, or both. She is not required to report the harassment to the pool manager before contacting EEOC.

   NOTE: Suzy should save the text messages. They may be used as evidence if she files a sexual harassment complaint with her company or charge of discrimination with EEOC.

   Try again! Select another answer.

4. D. Yes. The supervisor sexually harassed Suzy by sending her inappropriate text messages, making inappropriate comments, and touching her without her permission.

   D is correct.
   Sexual harassment includes unwelcome sexual advances and other behavior that is sexual or is based on sex. In this example, the supervisor's conduct was sexual because he commented on Suzy's appearance, promised her a raise if she agreed to go out with him, and touched her inappropriately. There is no indication that Suzy welcomed the supervisor's conduct; in fact, she reported his conduct to the pool manager in the hope that the manager would put a stop to the harassment.

   NOTE: Suzy should save the text messages. They may be used as evidence if she files a sexual harassment complaint with her company or charge of discrimination with EEOC.

   Great job! Select another answer, or go to the next question.