A recent California case, Kruitbosch v. Bakersfield Recovery Service, Inc. (BRS), offers critical guidance regarding employer responsibilities under the Fair Employment and Housing Act (FEHA). The case centered on an employee, Steven Kruitbosch, who resigned after alleged offsite and off-hours sexual harassment by a coworker and subsequent inadequate and inappropriate responses from BRS’ management and Human Resources (HR). 

Kruitbosch reported receiving crude sexual advances from a coworker at his home and through personal communications. When he brought these incidents to the attention of the company’s acting program director and HR representative, he was told nothing could be done since the behavior occurred off company property. The situation worsened when the HR representative allegedly mocked Kruitbosch both online and in person. The stress from these events, combined with the employer’s failure to address his concerns, led Kruitbosch to resign and file suit for harassment, discrimination, and retaliation. 

While the court found the coworker’s conduct to be reprehensible, it determined that the conduct was not sufficiently work-related to hold the employer directly liable for the offsite actions. It did however find that the employer’s inadequate and dismissive response to the harassment complaint materially altered the plaintiff’s work environment – in an objectively severe manner – which made the harassment claim viable.  

The Kruitbosch case serves as a crucial reminder that the way an employer responds to complaints can be as important as the underlying conduct itself. Consider these best practices when on the receiving end of an employee’s harassment-related complaint(s): 

• Take All Complaints Seriously; Regardless of Where They Occur: 
  • Even if alleged misconduct happens offsite or outside of working hours, employers should not automatically dismiss complaints. The perceived lack of concern or action can negatively impact the work environment and expose the company to liability. 

• Respond Professionally and Supportively to Complaints: 
  • HR and management should avoid making dismissive or mocking comments, whether in person or on social media. A supportive, prompt, and well-documented response helps create a safer workplace and protects the organization legally. 

• Train Supervisors and HR Staff on Complaint Handling: 
  • Regular training should emphasize the importance of proper complaint intake, investigation, and follow-up, including how to handle sensitive issues and avoid retaliation or ridicule. This not only ensures compliance with the law but also fosters a respectful organizational culture. 

Proactively addressing all reports of harassment and maintaining high standards for responding to employee complaints can go a long way toward reducing legal risk and supporting a positive workplace environment.