In this Fair Employment and Housing Act case, we must decide whether the strict liability or negligence standard applies to an employer when a sexual harassment claim is based on the conduct of a supervisor who is not the plaintiff’s supervisor.  Plaintiff Jane Doe contends the relationship between the harassment victim and the alleged harasser is not determinative; all that is required for strict liability to apply is that the alleged harasser supervises other employees.  Defendant Wells Fargo Bank, N.A. (Wells Fargo) contends strict liability applies only if the alleged harasser is the plaintiff’s supervisor.  We conclude that where the alleged harasser is not plaintiff’s supervisor and only supervises other employees, strict liability does not apply. 

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https://www4.courts.ca.gov/opinions/documents/B344642.PDF