Yes, whether or not the person harassing you is a supervisor has a very real impact on the outcome of your case. Under the law a company is liable for any tangible employment action taken by a supervisor. A supervisor is an individual who is empowered by the employer to take a tangible work action against the victim. This means that unless the person you are interacting with can hire, fire, demote, promote, transfer, or otherwise affect your job in a “tangible” way, they will not be considered your supervisor, even if you take orders from them. If harassment by a supervisor does not result in a tangible work action or if the person harassing you is a coworker, then you must show that the harassment created a hostile work environment, and that the employer was negligent in allowing the harassment to continue. The employer may effectively defend themselves by showing that they exercised reasonable care to prevent or correct any harassing behavior, or that you did not properly take advantage of the preventative or corrective opportunities the employer provided. If you are unsure of whether or not the person harassing you is a supervisor, you may want to consult an attorney, or talk to your human resources department.