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3706 An employer is strictly liable for sexual harassment committed by a supervisor or agent, without regard to fault; an employer may assert as a defense that it took reasonable steps to prevent and correct workplace sexual harassment, that plaintiff employee unreasonably failed to use the preventive and corrective measures that the employer provided, and reasonable use of those procedures would have prevented some of the harm that the employee suffered, but while this might reduce damages, it does not prevent the imposition of liability.CitationSTATE DEP'T OF HEALTH SVCS v SUPERIOR COURT (FEHA Defense) 31 C4 1026 [See: GovC 12900 etseq; 42 USC 2000e; Burlington v Ellerth 524 US 742; Faragher v City 524 US 775; Meritor v Vinson 477 US 57; Carrisales v Dep't Corr 21 C4 1132, T/AT 1/00; McClung v Employment Development Dep't 113 CA4 335, T/AT 12/03]
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