155d

An employer shall be guilty of sexual harassment in employment based on his actions and those of his agents or supervisors, regardless of whether or not the specific acts being disputed were authorized or prohibited by the employer and regardless of whether the employer knew or should have known about said behavior.The particular employment relationship shall be examined in order to determine whether the person who committed sexual harassment acted in his position as the employer’s agent or supervisor.It shall not be necessary to establish that the agent or supervisor who committed sexual harassment was the claimant’s immediate supervisor. History —Apr. 22, 1988, No. 17, p. 76, § 5, eff. 60 days after Apr. 22, 1988.