A recent California Court of Appeals decision has highlighted an important lesson for employers: failing to address harassment complaints—even when the conduct occurs off-site or outside work hours—can expose employers to legal risk.
In Kruitbosch v. Bakersfield Recovery Services, Inc., the court found that while a coworker’s off-duty sexual advances did not meet the threshold for actionable workplace harassment under the Fair Employment and Housing Act (FEHA), the employer’s inadequate response to the complaint may have contributed to a hostile work environment.
What Happened?
Steven Kruitbosch, an employee at Bakersfield Recovery Services (BRS), reported troubling off-duty conduct by a coworker, including unsolicited sexual messages and visits to his home. Despite the severity of the behavior, BRS dismissed the complaint, citing that the incidents occurred outside of work. Alarmingly, the HR representative publicly mocked the situation and failed to take any protective measures.
Shortly after returning to work, Kruitbosch resigned, citing emotional distress and lack of support.
Court’s Analysis
The court acknowledged that while the coworker’s conduct was unacceptable, it was not sufficiently work-related to hold the employer directly liable under FEHA. However, the employer’s dismissive and unprofessional handling of the complaint could potentially create a hostile work environment.
Key factors the court considered included:
- The employer’s failure to investigate the harassment complaint.
- No effort to separate the employees or prevent further interaction.
- Mocking behavior by HR staff that undermined the seriousness of the complaint.
Key Takeaways for Employers
This case highlights a critical distinction: even if off-duty conduct is not directly actionable, how an employer responds to complaints matters.
Employer Action Checklist
- Investigate all harassment complaints, regardless of where or when the conduct occurred.
- Communicate respectfully and supportively with complainants.
- Take reasonable steps to prevent further interaction between involved parties.
- Ensure HR staff are trained to handle sensitive matters professionally.
- Regularly review and update harassment, discrimination, and retaliation policies.
Why Choose California Labor Solutions?
California Labor Solutions (CLS) is one of the few HR firms in the state licensed* to conduct workplace investigations. We serve both private and public-sector organizations across California, offering expert support in navigating complex employment matters. Our team has conducted hundreds of impartial, objective, and detail-oriented workplace investigations into allegations of discrimination, harassment, retaliation, workplace violence, and employee misconduct.
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Disclaimer
This article is intended for general informational purposes only and does not constitute legal advice. Regulatory updates and agency guidance may contain ambiguities or be subject to change. The interpretations provided reflect a reasonable understanding at the time of publication and may evolve with further developments. The impact of these regulations may vary depending on individual circumstances. Readers are strongly encouraged to consult qualified legal or financial professionals before acting on the information presented.