Courts have held that an employer can be liable for the hostile work environment created by a non-employee because employers are responsible for the type of work environment they provide for their employees. Employers are required to provide a work environment that is free from unlawful harassment, and if harassment occurs, the employer must take appropriate steps to address it. Thus, for liability purposes, the most relevant inquiry is not necessarily who caused the offending conduct, but how the employer handled the problem.

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