Who can be sued for HWE harassment?
HWE harassing behavior can be committed by anyone in the workplace. (This contrasts with quid pro quo sexual harassment, which generally requires that the harasser be someone in a supervisory role.) So, for example, HWE harassment under the Fair Employment and Housing Act can be perpetrated by rank-and-file workers against a coworker. It can also be perpetrated by people who are not even employees - such as contractors, clients, and customers. But if HWE harassment is committed by someone other than a supervisor, it is generally harder for the harassment victim to hold their employer responsible. That is because, when someone is harassed by a supervisor, then the employer is strictly liable for the harassment--even if the employer's behavior was not negligent in any way. But if someone other than a supervisor commits hostile work environment harassment, then the employer is only liable if it behaved negligently.