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3705 REVIEW GRANTED An employer is strictly liable for sexual harassment committed by a supervisor; for this purpose, a supervisor is a person with the power to hire, fire and control the victimized employee's working conditions; an employer who takes appropriate corrective action after being informed of harassment by a nonsupervisory employee is not liable if the harassment stops as a result; under the FEHA a fellow employee may be liable for sexual harassment that results in a hostile work environment; sexual harassment is ordinarily outside an employee's scope of employment, so the employer is not vicariously liable for it and, if the employer is a public entity, no claim need be filed prior to suing the fellow employee for sexual harassment.CitationMCCLUNG v EMPLOYMENT DEVELOPMENT DEP'T (Co-Worker Harassment) 113 CA4 335 [See: GovC 12900 etseq; Carrisales v Dept / Corr 21 C4 1132, T/AT 1/00; Doe v Capital Cities 50 CA4 1038, T/AT 12/96; Matthews v Superior Court 34 CA4 598, T/AT 6/95; Western Security v Superior Court 15 C4 232; Beyda v City 65 C4 511, T/AT 8/98; Farmers v County 11 C4 992, T/AT 1/96]
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