Ohio Correctional Officer Practice Exam

Which of the following is NOT a legal issue considered in sexual harassment cases?

1. Unwelcome nature of the behavior

2. Severity or pervasiveness of the behavior

3. Employment history of the accused

4. Sexual nature of the behavior

The correct answer is: Employment history of the accused

In sexual harassment cases, legal issues typically revolve around the conduct and its impact on the victim rather than the specific employment history of the accused. The unwelcome nature of the behavior is crucial, as consent or willingness from the recipient significantly determines whether an incident qualifies as harassment. Additionally, the severity or pervasiveness of the behavior is essential in establishing the context and degree of the harassment, informing whether it creates a hostile work environment. The sexual nature of the behavior is also a fundamental factor, as harassment is defined by actions with sexual overtones that disrupt the workplace's professionalism. Therefore, the employment history of the accused does not directly pertain to the evaluation of the harassment claim itself, making it distinct from the other legal considerations involved in such cases.