Discrimination / Sexual
Harassment Scenarios
Scenario A
•Susan Smith is an undergraduate student in a
lab. She is one of two females in the lab where
there are 12 students. Some of her male
classmates frequently engage in sexual banter at
the beginning of each lab session. They often
share stories about their sexual exploits, joke
about their sexual expertise, and at times make
sexually suggestive gestures. The Graduate TA
also joins in. Susan is very upset and
uncomfortable with this conduct and reports it to
the Associate Dean of the Graduate School.
Is the behavior of Susan’s male
classmates and the GTA unwelcome?
•A. Yes
•B. No
Answer to Scenario A.1
•Yes. Based upon the
information in the example, it
appears the conduct is
unwelcome.
Is the conduct described above sexual
harassment?
A. Yes
B. No
Answer to A.2
•Probably, yes. To constitute sexual
harassment, the conduct must not only be
unwelcome, but it must also be severe and
pervasive. The information contained in the
example concerning the frequency and nature
of the conduct suggests it is severe and
pervasive.
Scenario B
•Assume the same facts as in Scenario A. In
this scenario, however, the facts uncovered in
the course of the investigation reveal that
Susan has joined in the sexual banter and
jokes in order to “fit in” with the students in the
lab.
Is the conduct of Susan’s classmates
unwelcome to Susan?
•A. YES
•B. NO
Scenario B.1 Answer
•No. By joining in and
participating in the conduct,
Susan has demonstrated that the
conduct is not unwelcome to her.
Scenario B.2
•The other female student in the lab
states that she has been subjected
to this conduct by Susan and her
classmates.
Has Susan sexually harassed her female
classmate?
•A. YES
•B. NO
Scenario B.2 Answer
•Yes. The harasser can be the same
sex as the victim, so Susan could be
found to have sexually harassed her
female classmate by joining in the
described conduct with her male
classmates.
Scenario C
• For the past couple of months, Maria, a new
graduate assistant, has been subjected to hugging,
fondling, and offensive comments about her
“curvaceous figure” several times by Professor
Letch, her advisor. She has repeatedly tried to
communicate her discomfort with this behavior by
gently pushing him away, talking about how angry
her fiancée would be if he knew about it, and leaving
the room when possible.
Has Maria communicated to Professor
Letch that his conduct is unwelcome?
•A. Yes
•B. No
Answer to C
• Yes.
 Although a direct statement to the harasser that the conduct is
offensive and unacceptable clearly puts the harasser on notice
that the conduct is unwelcome, such a direct statement is NOT
required.
 In this instance, Professor Letch should have interpreted Maria’s
statements and actions as expressing to him that his conduct is
unwelcome.
 The conduct described was not only offensive to Maria, but it
was of such a nature that an objective, reasonable person would
find it to be offensive, severe and pervasive.
 Therefore, regardless of whether Professor Letch understood
that his conduct was unwelcome and offensive, his conduct
would be found to be sexual harassment.
Scenario D
• For the last several months, Professor Baretti has repeatedly
made comments about Richard, her new graduate teaching
assistant by commenting frequently on the physical
characteristics of his body. She has frequently hugged him
and patted him on the buttocks. Professor Baretti’s comments
and actions have been observed by other graduate teaching
assistants, by Professor Baretti’s department chair, and by
students. One day Richard goes into his graduate advisor’s
office and tells the advisor about Professor Baretti’s actions,
but also tells the advisor that he is embarrassed and he does
not want the advisor to tell anyone or do anything.
Who is required to report harassment?
a) Professor Baretti’s department Chair?
b) Richard’s graduate advisor?
c) Richard’s fellow graduate teaching assistants
who observed the conduct?
d) All but the students
Answer to D
As a graduate teaching assistant, Richard is both an employee (Title VII)
of the University and a student (Title IX); therefore, both Title VII and
Title IX apply in this scenario.
The Answer is d.
a) Professor Baretti’s Chair is a supervisor. Supervisors who have
knowledge of sexual harassment must report it promptly. A
supervisor’s failure to report sexual harassment exposes the
university to liability and may result in disciplinary action against
the Chair.
b) Under Title IX, the University is liable for harassment if it can be
shown it was deliberately indifferent. Richard’s graduate advisor’s
knowledge of the harassment will be imputed to the university;
therefore, the advisor must report the harassment.
c) Richard’s fellow graduate teaching assistants are members of the
University’s faculty as instructors. As such, they have a
professional and legal obligation under Title IX not to allow
harassment in the educational environment; therefore, they must
report the harassment.
d) The students who observed the harassment are under no
obligation to report it, however they may.
Scenario E
• Wanda, who is African-American, works in a
storeroom. On Wanda’s first day, one of the delivery
men from a local distributing company, who is White,
is very rude to her. Since them, this delivery man has
attached negative jokes or cartoons about AfricanAmericans to packages he leaves with Wanda.
What should Wanda do?
Wanda should do nothing. The delivery man does
not work for the university, so the university can’t
be held responsible for his conduct.
A. True
B. False
Answer to E.a
• False. Employers may be held responsible for
harassment, even when the harasser is not an
employee, if the employer knew about the
harassment and did not act to correct the situation.
The university could, for example, contact the
delivery company to request a different delivery
person to handle the company’s package delivery.
What should Wanda do?
Wanda should tell the delivery man that his
behavior is offensive, and that it must stop
immediately.
A. True
B. False
Answer to E.b
• True. Although Wanda is not legally required to
confront the delivery man, she should, if she feels
comfortable, ask the delivery man to stop harassing
her. Wanda should also report the delivery man’s
conduct to her supervisor or any other supervisor in
that they are responsible to report the situation.
What should Wanda do?
Wanda should tell her supervisor or any
other supervisor about the delivery
man’s conduct.
•A. True
•B. False
Answer to E.c
• True. Even if Wanda does not ask the delivery man
to stop harassing her, she should report the
harassment to the university immediately (to a
supervisor). Once the university knows Wanda is
being harassed because of her race, it has a
responsibility to correct the situation and protect her
from further harassment.
• By addressing the harassment with both the delivery
man and her employer, Wanda maximizes her
opportunity to resolve the situation quickly.
Scenario F
• Tim and Angel work together in a research
lab. Angel is the Coordinator of the lab in that
she arranges work hours. They recently broke
up after dating for several months. Angel
begins following Tim at work and begs him to
give her another chance. When Tim refuses,
Angel changes Tim’s schedule so she won’t
have to work with him. As a result, Tim’s
hours are cut by 1/3.
Is Angel’s behavior sexual harassment?
a. Yes. It was illegal for Angel to reduce Tim’s hours because
he refused to date her. Angel also should have stopped
asking Tim out after they broke up.
b. No. Angel’s behavior is not sexual harassment because Angel
has not kissed or hugged or made sexually explicit comments
to Tim. Angel reasonably tried to stay away from Tim after he
refused to give her another change.
c. No. Angel’s behavior is not sexual harassment because she
and Tim used to date. It is impossible for people who used to
be in a relationship to sexually harass each other.
d. No. Angel’s behavior is not sexual harassment because only
women can be sexually harassed.
Answer to F
• A is correct. Once Tim told Angel that he no longer wanted to date her,
Angel should not have continued to ask him out or otherwise harass him.
In addition, it was illegal for Angel to reduce Tim’s hours because he
refused to date her, even if Angel made the schedule change so they
could avoid each other.
• B is incorrect. Sexual harassment can be based on verbal remarks even if
there is no physical touching. Plus, a manager cannot make a negative
decision about your job, such as cutting your hours or reducing your pay,
because you refuse to date him or her.
• C is incorrect. Angel’s behavior is sexual in nature and Tim has made it
clear to Angel that her advances are no longer welcome. Angel’s behavior
is sexual harassment.
• D is incorrect. Federal law protects both men and women from sexual
harassment.
Scenario G
• Jorge, a Honduran citizen living in the United States,
accepted a summer job with a landscaping company. On his
first day, Jorge broke a lawn mower, prompting the customer
to yell at him. The customer called Jorge “stupid” and
complained that foreign kids like Jorge were stealing jobs
from hard-working Americans. Jorge did not see the customer
again during the rest of the summer.
Is the customer’s treatment of Jorge
illegal harassment?
• a. No. Because the customer does not work for the
landscaping company, the company cannot be held
legally responsible for the customer’s conduct.
• b. No. Although the customer’s conduct was
offensive and was directed at Jorge because of his
national origin, it was not sufficiently severe (serious)
or pervasive (frequent) to establish a harassment
claim.
• c. No. Because Jorge is not an American citizen, he
is not protected by U.S. employment discrimination
laws.
• d. Yes. It is illegal to harass someone at work for
any reason.
Answer to G
• A is incorrect. An employer may be held responsible when its
employees are harassed by a customer if the employer knew or should
have known about the harassment and did not act to correct the
situation.
• B is correct. For workplace harassment to be illegal the conduct must
either be very serious or it has to occur frequently. One instance of
harassing conduct is generally not illegal, unless the conduct is very
serious, such as a physical assault.
• C is incorrect. Persons who are not citizens of the Unites States are
protected by the U.S. employment discrimination laws while they are
working in the United States for an employer covered by these laws.
• D is incorrect. Not all workplace harassment is illegal. In this case, the
customer yelled at Jorge on only one occasion, and no severe conduct
such as a physical assault was involved.
Scenario H
• Jeanette, a graduate student, was offered a parttime job as a waitress at a local restaurant. At the
end of her interview, she mentioned that she was
pregnant, but that she was perfectly capable of
performing her duties as a waitress. When Jeanette
called to get her start date, the manager said he had
hired someone else. He said he was afraid that
Jeanette would hurt her baby carrying heavy trays of
food and that the customers might not like having a
pregnant woman waiting on them. He invited her to
reapply after she had her baby.
Is the manager’s decision illegal?
a. No. The manager did not discriminate against Jeanette because
he invited her to reapply after she gave birth, and refused to hire
her only out of concern for the health and safety of Jeanette and
her baby.
b. Yes. The manager discriminated against Jeanette when he
refused to hire her because she is pregnant.
c. C. No. The manager can legally decide not to hire Jeanette
because restaurant customers may not want pregnant servers.
d. Yes. Once the manager offered Jeanette the job, he had no
right to change his mind and hire someone else.
Answers to H
• A is incorrect. It is illegal for the manager to refuse to hire Jeanette
solely because she is pregnant. It does not matter whether the
manager’s decision was based on concern that Jeanette’s baby may
be harmed.
• B is correct. As long as Jeanette can perform her duties as a waitress,
the manager cannot deny her the job just because she is pregnant.
• C is incorrect because customer preferences do not justify
discrimination.
• D is incorrect. The laws enforced by EEOC do not prevent the
manager from deciding to hire someone else, as long as he did not
base his decision on Jeanette’s pregnancy (or on some other
characteristic covered by the anti-discrimination laws, such as her
gender or race).
Scenario I
• Sam recently began working as a Researcher in a
university lab. He does not get along with an older
staff employee (age 45) who works part-time. At one
departmental meeting, Sam gave the older
employee a cane as a joke. On another occasion,
Sam told the older employee to take the afternoon
off and go home to take a nap. Sam regularly refers
to this older employee as “Grandma.” After several
months, Sam suggests to his supervisor to fire the
older employee because he thinks that they should
hire someone younger. Sam believes a younger
employee will relate better to the students in the
department.
Is this conduct illegal?
• A. Yes. Federal law protects workers age 40 or older
from job discrimination and harassment based on their
age.
• B. No. The federal age discrimination law does not apply
to research or university lab facilities, so it is not illegal
for Sam to fire the older employee.
• C. No. As a researcher and one with hiring authority in
his lab, Sam has the authority to make decisions about
hiring and firing employees.
• D. No. Sam did not discriminate against the older
employee because it is important for university that
works with predominantly young students to hire workers
who are closer to the age of the students.
Answers to I
• A is correct. It is unlawful to discriminate against or harass employees who
are 40 or older because of their age.
• B is incorrect. It is illegal for managers, supervisors and co-workers, to
discriminate against or harass older employees (age 40 and above) because
of their age.
• C is incorrect. Although Sam may be responsible for making decisions about
who to hire and fire, it is against the law for him to fire someone age 40 or
older because he thinks the person is too old.
• D is incorrect. There is no indication that the older employee cannot perform
her job, including helping students. Sam does not have any complaints about
the older employee’s performance.
Sam’s decision appears to be based on stereotypes about older workers
and, therefore, is a violation of federal law.
Scenario J
• Daniel filed a charge of discrimination against the
university he worked for last year with the Equal
Employment Opportunity Commission (EEOC). As
part of the investigation, an EEOC investigator spoke
to one of Daniel’s former co-workers, Brian, who also
now works elsewhere, who agreed that the Chair
treated Daniel unfairly. As a result of the EEOC
investigation, the Dean called both Daniel and Brian
at home and reprimanded them for talking to the
EEOC. The Dean also stated that he gave them
negative references on recent job reference
requests. Prior to the EEOC investigation, the
department Chair and Dean had no complaints
about Daniel or Brian’s job performance.
Did the Dean (the supervisor) violate the
law?
• A. Yes. The Dean illegally retaliated against Daniel by giving him a
negative reference because he filed a charge of discrimination with the
EEOC. It was also illegal for the supervisor to give Brian a negative
reference because Brian participated in the EEOC investigation.
• B. No. It was reasonable for the Dean to reprimand Daniel and Brian and
give them negative references because the EEOC investigation was
disruptive to the department.
• C. No. The Dean did not violate the law because he called Daniel and
Brian at their homes, and not at work.
• D. No. Federal law only protects current employees from discrimination.
Because Daniel and Brian were no longer employed by the company
when they spoke to the EEOC, it was not illegal for the Dean to reprimand
them and give them negative references.
Answers to J
• B is incorrect. It is illegal for the supervisor to harass or
treat Daniel differently because he filed a charge of
employment discrimination with the EEOC. Brian is also
protected from harassment or different treatment
because he spoke to an EEOC investigator. This is true
even if the EEOC concludes that there was no
discrimination.
• C is incorrect. It is illegal for the supervisor to harass or
treat Daniel and Brian differently because they filed a
charge of discrimination or participated in an
investigation of discrimination. The fact that the
supervisor (Dean) contacted them at home is not
relevant.
Answers to J - continued
•D is incorrect. Federal law protects applicants,
employees, and former employees from
retaliation. Therefore, it was illegal for the
supervisor (Dean) to harass Daniel and Brian and
give them negative references for filing a
discrimination charge and assisting in an
investigation of employment discrimination, even
though they were no longer employed by the
university / company.
Answers to J - continued
•A is correct. You are protected from retaliation, or
being punished, treated differently, or harassed,
for complaining about job discrimination, filing a
charge of discrimination, or cooperating with an
investigation about discrimination. This is true
even if it turns out that the conduct you
complained about to the EEOC was not illegal.
Final thoughts
To end discrimination and
harassment in our educational
community it will take the
cooperation and assistance of
everyone!
For more information:
Office of Institutional Equity
308 Administration Building
Houghton, MI 49931
906-487-3310
Director – Jill M. Hodges, Ph.D.