California Appellate Decision Expands Harassment Liability

In Kruitbosch v. Bakersfield Recovery Services, Inc., a California appellate decision examined whether an employer may face harassment liability under the Fair Employment and Housing Act (FEHA) for co-worker harassment occurring outside the workplace.

The Hunton firm explains that the court addressed two distinct issues: the limits of employer liability for off-site conduct; whether an employer’s dismissive response to such allegations can itself constitute workplace harassment.

The decision clarifies that an employer’s own behavior following a complaint may independently sustain a hostile work environment claim.

The dispute arose after plaintiff Steven Kruitbosch alleged that a co-worker made sexual advances toward him at his home and through personal communications. When he reported the conduct, management allegedly dismissed the concerns, and a human resources representative mocked the situation both verbally and online.

Kruitbosch claimed that this inaction and ridicule led to his resignation. The trial court dismissed the claims, but the appellate court reevaluated the framework for imputing off-site harassment to employers.

It concluded that conduct by a non-supervisory coworker generally requires a work-related nexus to be attributed to the employer. Examples include an employer-hosted venue, employer-provided technology, or a situation where the employer benefits from an interaction,

Although the appellate court found no sufficient connection between the alleged off-site conduct and the workplace, it determined that the employer’s response to the complaint could independently amount to actionable harassment.

The court reasoned that dismissive or mocking remarks by HR might have reasonably conveyed employer indifference, thereby altering the work environment.

This decision serves as a caution for legal teams that employer liability may arise not only from the harassment itself, but also from how leadership and HR address employee complaints. It underscores the importance of prompt and professional responses.