Free PHR Certification Practice Questions:
Which one of the following offenses does NOT utilize the 'reasonable person' concept to determine whether an offense has occurred?
A) Sexual harassment
B) Constructive discharge
C) Hostile environment
D) Invasion of privacy
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[Ans: D]
The invasion of privacy is clearly defined
by legislation, like the Privacy Act of
1974, Fair Credit Reporting Act, etc. These
laws define clear procedures so that organizations
do not invade an individual's privacy.
On
the other hand, sexual harassment (of which
a hostile environment is one type of sexual
harassment) and constructive discharge are
sometimes determined by applying the 'reasonable
person' concept.
For example, the 'reasonable
person' concept identifies whether a 'reasonable
person' would perceive such an environment
as abusive, hostile and intolerable to determine
sexual harassment or a constructive discharge.
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