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Employers can be liable for sexual harassment under a variety of scenarios.
Not only can employers be liable for sexual harassment by supervisors or co-workers, but also for harassment by nonemployee vendors, clients, and customers. In addition, an employer is liable if it had actual knowledge of the harassment, or if it should have known about the harassment. Although the most common sexual harassment claims still involve a female victim alleging harassment by a male supervisor, an increasing number of claims have been raised by male employees against their female supervisors. In addition, as will be explained later in this chapter, many courts are beginning to recognize a cause of action for same gender sexual harassment. The EEOC has issued guidelines on sexual harassment that codify the most liberal pro-employee court decisions.