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Is my employer still responsible if the harasser is a co-worker?

If the demand for sexual favors is made by a co-worker with no power to affect your employment opportunities, you cannot claim quid pro quo harassment. However, you can claim hostile work environment, and an employer may be held liable for the conduct of its employee if the employer knew or should have known of the employee's conduct and failed to take prompt remedial action to stop the harassment.

Important: If your case deals with personal injury (automobile accidents, motorcycle accidents, pedestrian accidents, slip and falls, dog bites, medical or legal malpractice) or workers' compensation cases (accidents at work) and deals with California law, you can reach us 24 hours a day, 7 days a week just by calling 1-800-LAW-TALK, from anywhere in the United States, for a free consultation.

These Frequently Asked Questions are based on California Law. Information with a * was originally published by the State Bar of California and is also available through them. It is reprinted with their permission.

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