(1) For all purposes related to the Act's protections of individuals from unlawful harassment, the term “employee” shall include unpaid interns, volunteers, and persons providing services pursuant to a contract.

(2) Harassment includes but is not limited to:

(3) Harassment of an applicant or employee by an employer or other covered entity, its agents or supervisors is unlawful.

(4) Harassment of an applicant or employee by an employee other than those listed in subsection (b)(3) above is unlawful if the employer or other covered entity, its agents or supervisors knows of such conduct and fails to take immediate and appropriate corrective action. Proof of such knowledge may be direct or circumstantial. If the employer or other covered entity, its agents or supervisors did not know but should have known of the harassment, knowledge shall be imputed unless the employer or other covered entity can establish that it took reasonable steps to prevent harassment from occurring. Such steps may include affirmatively raising the subject of harassment, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under California law, and developing methods to sensitize all concerned.

(5) An employee who has been harassed on the job by a co-employee should inform the employer or other covered entity of the aggrievement; however, an employee's failure to give such notice is not an affirmative defense.

(6) An employee who engages in unlawful harassment of a co-employee is personally liable for the harassment, regardless of whether the employer knew or should have known of the conduct and/or failed to take appropriate corrective action.