Coworker’s Off-Duty Conduct Wasn’t Harassment But Employer’s Response May Be

Recently, a California Court of Appeal held that, although an employee could not allege a claim for sexual harassment based on a coworker’s off-duty, nonwork-related sexual conduct, their claim could be based on the employer’s response to that conduct.

In the case, the court found that the coworker’s conduct was not sufficiently work-related to hold the employer liable. But it also found that the employer’s refusal to investigate or address the alleged conduct — along with an HR representative’s jokes about it — was enough for the employee to file a claim for hostile work environment harassment (Kruitbosch v. Bakersfield Recovery Services, Inc., No. F087809, Sept. 8, 2025)).