Employment Law Practice Exam

Which best describes a key characteristic of harassment in the workplace?

1. It is always verbal and not physical.

2. It creates an intimidating or hostile work environment.

3. It occurs only between individuals of opposite genders.

4. It must be reported to HR to be considered valid.

The correct answer is: It creates an intimidating or hostile work environment.

A key characteristic of harassment in the workplace is that it creates an intimidating or hostile work environment. This reflects the legal understanding of harassment, which can manifest in various forms, including verbal, physical, and visual conduct that contributes to an unwelcome atmosphere for employees. The crux of harassment is not restricted to the actions alone but hinges on how those actions affect the victim's ability to work and feel safe in their environment. This concept is aligned with several anti-harassment laws which define harassment not by the specific acts themselves, but by the impact those acts have on individuals and their ability to perform their job duties. Therefore, the presence of an intimidating or hostile atmosphere is central to recognizing and addressing harassment claims. The other options do not accurately capture this essential element of workplace harassment. For instance, stating that harassment is always verbal and not physical limits the understanding of its broader scope. Similarly, claiming that harassment occurs only between individuals of opposite genders disregards the reality that individuals of the same gender can also engage in harassing behavior. Furthermore, the assertion that harassment must be reported to HR to be considered valid undermines instances where harassment, even if unreported, can still contribute to a hostile work environment. This highlights the importance of context and perception in