September 8, 2025
In Kruitbosch v. Bakersfield Recovery Services, Inc, an employee alleged that he was sexually harassed by a co-worker while on bereavement leave. When he returned to work, he complained to his supervisor and to Human Resources, allegedly without effect. The takeaway? A company must respond to complaints of harassment ,even if the conduct occurs outside the workplace, or it may face claims for hostile work environment sexual harassment.
What happened in this case?
Mr. Kruitbosch was on a bereavement leave, grieving the death of his long time partner. On his return from leave, he complained both to his supervisor and to an HR representative that, while he was on leave, a co-worker had sent him nude photos, propositioned him for sex, offered him drugs, and presented herself at his house.
The facts demonstrated that his employer did not investigate the complaint, did not admonish the co-worker to cease her conduct, and took no steps to protect Mr. Kruitbosch from future interactions with this co-worker. Instead, his employer let him know that there was not much that they could do, because the conduct occurred outside the office.
Later, the same day Mr. Kruitbosch complained, the HR representative posted a video on social media depicting whining dogs with the text “‘This is a work day at thr [sic] office … lmbo.’” Mr. Kruitbosch felt that the HR representative’s post was mocking him.
Mr. Kruitbosch resigned a week later, and subsequently alleged claims for hostile work environment and constructive termination. Bakersfield argued, in defense, that a harassment claim could not be lodged against it for co-worker conduct that occurred outside the workplace during non-working hours.
Offsite conduct during non-working hours can give rise to claims for harassment
The Kruitbosch court found that Mr. Kruitbosch had stated a cognizable claim for sexual harassment hostile work environment, based on the company’s response to the conduct, notwithstanding that the conduct itself occurred offsite and outside working hours. The court reinforced that coworker offsite harassment is not, in itself, imputable to the employer under the Fair Employment and Housing Act (FEHA). But the company’s failure to address the employee’s complaint could independently create a hostile work environment, if the conduct objectively alters the employee’s working conditions.
What this means for California employers.
There is a continuing trend in legislation and litigation: California employers may not turn a blind eye to conduct outside the workplace if that conduct can contribute to a hostile work environment.
- Every complaint escalated to supervisors or Human Resources must be taken seriously and should investigated at a level consistent with the claims alleged.
- If you aren’t sure whether, and to what level, a complaint needs to be investigated, reach out to your legal counsel before dismissing the allegations.
- Perhaps obvious, if you are in Human Resources or are in a supervisory role, be mindful about your social media posts. Even though that may be outside work, again, it can reverberate inside the company.
- Train, train, train. Train your employees. Train your supervisors. And then train some more.
Has it been a minute since you’ve fully trained your teams on avoiding harassment and responding to harassment claims? Looking for something more effective than an online training? We are happy to help you communicate the essentials in an interactive, practical and productive way.
