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Test CASE ANALYSIS: POWER RELATIONSHIPS
Agenda
1st QUESTION: Why is the "it was consensual" argument weak when there is a direct hierarchy according to the text?
Power dynamics and fear vitiate consent
Because the relationships are contractually forbidden at all times
Because subordinates never lie
Because the law assumes that the boss is always at fault
2nd QUESTION: How is the company's liability considered in cases of "Quid Pro Quo" harassment by a supervisor?
He is strictly liable, regardless of whether he knew or not
It is a 50% shared responsibility
Is only liable if there are external witnesses
No liability if the supervisor acted after hours
3rd QUESTION: What becomes of the organization if it receives a complaint and fails to investigate or take action?
In a passive mediator
A victim of the system
In a legal and moral accomplice for negligence
In an impartial observer
QUESTION 4: Is the defense of "we didn't know it would escalate" valid if there were prior reports that were ignored?
Yes, it is always a valid defense
No, it is invalid in the eyes of the law due to institutional negligence
Depends on the employee's seniority
Yes, if the aggressor had good performance
QUESTION 5: Can sexual harassment legally exist after a consensual romantic relationship ends?
Never, the past is private
No, romantic history voids the complaint
Only if there was physical violence during the relationship
Yes, if the behavior persists and is unwelcome
QUESTION 6: What is the determining factor to constitute harassment after a romantic breakup?
If one of the partners marries someone else
The opinion of co-workers
The length of the previous relationship
Persistence of unwelcome behavior after the rejection
QUESTION 7: Why is the company liable for the actions of a supervisor who abuses his or her power?
Because you did not pay him/her enough salary
Because he/she did not supervise your private life
Because the supervisor is the public face of the brand
Because you delegated authority to him/her that is being abused
QUESTION 8: What vitiates consent in a relationship between a boss and a subordinate?
Lack of physical attractiveness
The desire for a raise
Peer pressure
Unequal hierarchy and risk of retaliation
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