In Kruitbosch v. Bakersfield Recovery Services, a California court held that an employer’s dismissive response to a harassment complaint can independently create a hostile work environment, even when the underlying conduct happened off the clock between coworkers. Sherman Law Corporation represents both employees and employers in workplace harassment matters.
In a case entitled Kruitbosch v. Bakersfield Recovery Services, Inc., 114 Cal.App.5th 200 (2025), an employee alleged that a coworker sent her unsolicited nude photos and made sexual advances outside of work hours. The employer argued it could not be held liable because the conduct happened off the clock, between coworkers, not a supervisor and a subordinate. The Court of Appeal held that while the coworker’s off-duty conduct is not automatically imputed to the employer, the employer’s own response to the complaint, dismissive, inadequate, or unreasonably slow, can independently create a hostile work environment.
Takeaway for Employees and Employers
Employees should document not only the coworker’s conduct but exactly how the company responded once you reported it: who you told, when, what they said, and what they did or did not do afterward. A weak or dismissive response can become an independent basis for your claim.
Employers should treat every harassment complaint seriously regardless of where or when the underlying conduct took place. A response that brushes off a complaint because it happened away from the workplace can expose the company to liability even where the coworker’s conduct itself would not be directly attributable to the company.
For additional information or if you wish to seek employment counsel, please contact Lisa Sherman for a free consultation at (323)488-2087 or at Lisa@sherm-law.com.
Frequently Asked Questions About Off-Duty Coworker Harassment in California
1. Can an employer be held liable for a coworker’s off-duty conduct?
Not automatically. California law does not hold employers strictly liable for what coworkers do on their own time. However, once an employee reports the conduct, how the employer responds becomes part of the legal picture. A dismissive or inadequate response can itself become the basis for a hostile work environment claim.
2. Does it matter that the harassing coworker was not a supervisor?
It matters for how liability is analyzed, but it does not eliminate the employer’s responsibility to respond. Coworker harassment requires the employer to have known or should have known about the conduct and failed to take prompt corrective action. The power dynamic is relevant to how courts assess the severity of the situation, not whether you have a claim at all.
3. What counts as a dismissive or inadequate employer response?
Courts look at whether the employer investigated promptly, took the complaint seriously, and took steps to stop further conduct. Telling an employee it was a personal matter, taking weeks to follow up, or closing the complaint without any meaningful action are the kinds of responses that can independently establish liability. Independent workplace investigations conducted properly and documented thoroughly are the employer’s best protection.
4. What should I document after reporting harassment to my employer?
Keep a written record of every interaction after you report: the date you made the complaint, who you spoke with, exactly what they said, and any follow-up or lack of it. Save any emails or messages related to the complaint. If the elements of your harassment claim are disputed later, your documentation of the employer’s response can be just as important as the original conduct. If you are unsure what to document or how to preserve it, contact Sherman Law Corporation for guidance before anything gets lost.
5. What if the harassment involved messages or photos sent outside of work?
The medium and timing do not determine whether conduct is legally actionable. What matters is whether it affected your work environment. Unsolicited sexual images sent to a coworker’s personal phone can still contribute to a hostile work environment when you have to continue working alongside that person every day.
6. How quickly does an employer need to respond to a harassment complaint?
California law requires employers to take prompt corrective action once they know or should have known about harassment. There is no fixed number of days, but delays of weeks without any meaningful follow-up have been held against employers in litigation. The investigation should begin as soon as reasonably possible after a complaint is received.
7. Can I be retaliated against for reporting a coworker’s off-duty conduct?
Yes, and retaliation for making a good-faith harassment complaint is independently unlawful under California law regardless of whether the underlying harassment claim ultimately succeeds. If you reported conduct and then experienced adverse treatment at work, including a change in your schedule, duties, or treatment by management, that is worth examining separately from the original complaint.
8. What should an employer do right now if a similar complaint comes in?
Treat it as you would any other harassment complaint: document it immediately, assign someone qualified to investigate, keep the complainant informed, and do not close the matter without a clear written record of what was found and what action was taken. If your company does not have a clear process for this, or the complaint involves someone in a position of authority, speaking with employment counsel before you respond is the right first step.
