Sandra Was Employed as a Nutritionist at Horse Power Gym

question 40

Multiple Choice

Sandra was employed as a nutritionist at Horse Power Gym and Spa.At work,she was constantly subjected to her manager's vulgar sexual comments and inappropriate sexual gestures.Unable to bear the harassment,Sandra decided to quit her job instead of going through her employer's sexual harassment complaint process.Which of the following holds true in this scenario?

• A) Horse Power Gym and Spa has a valid claim against Sandra for constructive discharge.
• B) If Sandra files a sexual harassment case against Horse Power Gym and Spa, the employer can use the Ellerth and Faragher affirmative defense to avoid strict liability.
• C) If Sandra files a sexual harassment claim against Horse Power Gym and Spa, she will win the claim regardless of whether her employer was aware of the harassment.
• D) Sandra has a constructive discharge claim but not a sexual harassment claim against her employer.

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Definitions:

Product Liability

The legal responsibility of manufacturers, wholesalers, or retailers for injuries caused by defective or unexpected dangerous products they provide.

Design Defect

A flaw in the planned or intended design of a product that results in an unsafe or ineffective product.

Alternative Design

A variant or different approach to the design of a product, structure, or system that may offer benefits over the original design.

Running Shoes

Footwear specifically designed for the purpose of jogging or running, focusing on comfort, support, and performance.