Employment law training
programs include an exciting exercise called team competition. Team
competition follows each training program and assists in reinforcing
the content of the program. Training participants are divided into
several teams that compete against one another. Each team is provided
a game board, similar to a monopoly board, with spaces on each board
referred to by employment law terms (e.g. discrimination claim filed,
wage and hour claim, harassment suit filed). Multiple choice questions
are presented that directly relate to the content of the training
program. Teams answering correctly move accordingly on the game
board. Teams with the wrong answer are penalized by moving in a
direction away from the finish.
also serves as a tool in getting participants to work together (as
a team) in reaching an answer. A workplace situation is provided
for each team to review. Several possible answers follow. Each team
individually discusses the situation and reaches an agreement as
to the most correct answer. The facilitator then presents the correct
answer followed by an analysis as to why the answer is the most
correct. Participants will then move accordingly on the game board
that also has spaces providing other surprises along the way to
is presented through a PowerPoint program. The facilitator will
lead the teams through the question and possible answers. The teams
than have three minutes to reach agreement as to the most correct
answer. Following is an example of a question, answers, and analysis
of a workplace situation following a training program:
supervisor, offers to promote her if she will have an affair with
him. She refuses and is not promoted. Sophie files a sexual harassment
lawsuit for quid pro quo harassment because she was not promoted.
What is the likely outcome?
a. Since Sophie
did not lose a tangible job benefit, the company will prevail.
b. The company
is vicariously liable for the acts of the supervisor.
c. Since there
was no tangible action taken, Sophie unreasonably failed to take
advantage of the company's sexual harassment policy.
d. If Sophie
reconsiders and accepts Bob's proposal, she will be promoted.
e. None of
The most correct
answer is B.
is vicariously liable for the acts of a supervisor for both quid
pro quo and hostile environment sexual harassment. However, an employer
may have an affirmative defense if no tangible employment action
is taken. Answer "a" is not correct because the loss of
a promotion, if otherwise qualified on the merits, is a tangible
job benefit. Answer "c" is not correct because there is
no record that the employer exercised reasonable care to prevent
and promptly correct any sexual harassment behavior, a requirement
for an affirmative defense.