QUESTION 31 Use this that pattern to answer Questions 31 - 34. Snow White (Snow) was an employee at Dewy, Cheatum & Howe, Inc. (DC&H), the most prestigious accounting rm in the Enchanted Forest. Her immediate supervisor, Prince Charming (Chant-ring), 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 oice and told her she had a bright future with the rm and if she slept with him on their next business trip, he would guarantee her a signicant promotion that she had applied for. Snow was horried. 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 trrrn negative. Snow White became increasingly anxious about being in the ofce, was agitated while at work and could not focus on the responsibilities of herjob. 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 identied in the policy as the Director of Sexual Harassment Complaints. Snow met with the Evil Queen and notied 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 ling a complaint with the EEOC and pursuing an action in court if necessary. Snow seeks legal advice from your law oice. Question #31 - Identify the legal cause of action in Snow White's sexual harassment claim against DC&H. . A. Hostile Work Environment Sexual Harassment V B. Vicarious Liabl Ity Sexual Harassment 7 C. Tort Law Sexual Harassment V D. Sexual Orientation Harassment QUESTION 32 Using the fact pattern in Question #31: Can Snow White prove a prima facie case of sexual harassment? V A. Yes because as a woman she is a member of a protected class and the conductor Prince Charming is based on sex. 7 B. Yes because Snow objected to the conduct and it occuned during the scope of her employment because Prince Chan'ning's actions and statements occurred while they were in the ofce during the workday. _ C. Yes because the harassing conduct had a deleterious effect on SnoWs ability to do herjob. She could not concentrate and was fearful to go to work. 7 D. All of the choices above. QUESTION 33 Using the fact pattern in Question it 31: What defenses are available to DC&H7 7 A. DCEH has a defense because there is no evidence of a Tangible Employment Action. ' B. DCEH 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. QUESTION 34 Using the fact patter in Question #31: What role does DC&H's policy prohibiting Sexual Harassment in the workplace have in this case? 7 A. It is important because it establishes that the employer does not tolerate or condone sexual harassment and that the Evil Queen will investigate claims and take conective action. 7 B. It is of no consequence because this case involves a Tangible Employment Action. 7 C. It is important because DC&H can argue that Snow White unreasonably failed to take advantage of the procedures made available to her. 7 D. It is of no consequence because the Evil Queen failed to take action based on Snow White's complaint of sexual harassment in violation of the policy