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Labor/Employment

Nov. 6, 2025

HR mockery over off-site harassment sparks employer liability

The Kruitbosch decision underscores that employers may still face liability for off-site harassment -- depending not on where it happened, but on how they respond to complaints.

C. Randolph Sullivan

Senior Attorney
Hunton Andrews Kurth LLP

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Michael A. Pearlson

Associate
Hunton Andrews Kurth LLP

Email: mpearlson@HuntonAK.com

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HR mockery over off-site harassment sparks employer liability
Shutterstock

In a recent California appellate decision, Kruitbosch v. Bakersfield Recovery Services, Inc., the court addressed critical questions about employer liability for alleged coworker harassment that occurs outside the workplace, as well as the impact of an employer's response to such complaints. While off-site conduct by coworkers may not always be imputable to the employer under California's Fair Employment and Housing Act (FEHA), the California appellate court found that...

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