Court Limits Supervisor Liability in After-Hours Sexual Harassment Case

April 06, 2023 | From HRCalifornia Extra

by Matthew J. Roberts; J.D.; Labor Law Helpline Manager, Employment Law Counsel/Subject Matter Expert, CalChamber

Many harassment and discrimination claims against employers arise from a supervisor’s conduct toward an employee. This is due to the heightened scrutiny the Fair Employment and Housing Act (FEHA) places on supervisor conduct by generally making employers strictly liable for the conduct of their supervisors.

According to a recent case, however, that liability is not unlimited: The Court of Appeal ruled that a supervisor’s conduct unrelated to work will not trigger strict liability for the employer (Atalla v. Rite Aid, No. F082794 (February 24, 2023)).

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