Although employers may be automatically liable for supervisors or administrative personnel harassing subordinate employees under certain federal laws, they may also be held liable if another employee (even one subordinate to the harassed employee) or a third-party such as a customer or vendor harasses an employee based on their race.
Current federal law prohibits race-based harassment in the workplace under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. Claims under both statutes are analyzed using the same framework. Specifically, an employee has to establish four