What is Off-Duty Conduct and How Does It Relate to Workplace Investigations
Simply put, it is every conduct unrelated to work. However, when a supervisor engages in conduct that may be unlawful or violate company policies, the employer must investigate to discharge their liability.
Did you know?
In a recent case, the Court of Appeal ruled that a supervisor’s conduct unrelated to work would not trigger strict liability for the employer (Atalla v. Rite Aid, No. F082794 (February 24, 2023)).
As an employer, Rite Aid was not held liable for Lund’s misconduct because he had a personal relationship with the claimant that existed independently of their employment relationship.
As an employer, what do I have to keep in mind?
From the appellate court’s ruling in this case, employers can learn the following:
- The Fair Employment and Housing Act (FEHA) makes employers liable for their supervisors’ conduct when it can be connected to their role as a supervisor, even if the employer was unaware of the conduct when it occurred.
Employer liability does not apply when…
The supervisor’s conduct occurs with an employee with whom the supervisor is engaged in a personal relationship.
2. The FEHA makes employers liable to take immediate action when made aware of potentially unlawful conduct in the workplace. These claims should be taken seriously, and a workplace investigation should start to determine the validity of the complaints.
Rite Aid’s course of action
Rite Aid immediately investigated Lund’s alleged conduct and took corrective action upon confirming the conduct to prevent future instances of harassment in the workplace.
3. Effectively training supervisors beyond what is strictly required by law will provide them with tools to ensure their behavior stays professional in the workplace. Training will help prevent allegations of harassment that will trigger the employer’s obligation to investigate.
Remember that…
Training is an employer’s first line of defense against supervisor liability.
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