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Saturday, March 7, 2026

Out Of "Site," But Not Out Of Mind: Employer's Refusal To Respond To Offsite And Off-Duty Harassment Can Be Sufficient To Create A Claim For Hostile Work Environment - Mondaq

In Steven Kruitbosch v. Bakersfield Recovery Services, 114 Cal.App.5th 200 (2025), the California Court of Appeal for the Fifth District held that an employer's response, or lack thereof, to an employee complaint of offsite harassment ...

Seyfarth Synopsis: In Steven Kruitbosch v. Bakersfield Recovery Services, 114 Cal.App.5th 200 (2025), the California Court of Appeal for the Fifth District held that an employer's response, or lack thereof, to an employee complaint of offsite harassment is sufficient to state a claim for hostile work environment, even when that off-site harassment by a nonsupervisory employee was not work-related and not imputable to the employer. Human Resources' mocking and management's refusal to act were enough to create a cognizable hostile work environment claim under the Fair Employment and Housing Act ("FEHA").

The Alleged Harassment Occurred Offsite and Off-Duty

The plaintiff worked as an assistant corporate compliance officer for Bakersfield Recovery Services ("BRS"), which provides substance abuse treatment to recovering alcoholics and drug addicts. Plaintiff's responsibilities required him to oversee client services, train staff, and to oversee the construction of a new facility being designed for clients.

Plaintiff was responsible for training and overseeing the alleged harasser, Sanders, at a new BRS facility. In 2023, while Plaintiff was on a leave of absence, Sanders sent Plaintiff multiple unsolicited nude pictures and stated that she...



Read Full Story: https://news.google.com/rss/articles/CBMi2AJBVV95cUxQR0dIdl9BeXU1UTZEWEdfLTRf...