
If the alleged harassing conduct was committed by a non-employee, then, in determining whether the employer took all reasonable steps to prevent harassment from occurring, courts consider the extent of the employer's control and any other legal responsibility which the employer may have with respect to the conduct of non-employees.
An employee is not an agent of the employer unless he is a person who acts for, and in the place of, the employer for the purpose of bringing the employer into legal relations with third persons.
Not only is sexual harassment illegal. The law also prohibits:
- Racial harassment
- Religious harassment
- Age-based harassment
- Harassment based on disability
- Harassment based on ethnicity or national origin
- Retaliation
Most people are familiar with workplace sexual harassment claims. Harassment in professional, business, and educational relationships are also illegal.