Offsite, After Hours Harassment Not Actionable Under FEHA

Where a coworker allegedly sent explicit messages and images and visited an employee's home uninvited while the employee was on leave and after work hours, the conduct was not sufficiently work related to support claims of sexual harassment against the employer, a California appellate court has ruled.

However, the employer's allegedly mocking response to the employee's complaint could support a claim of sexual harassment hostile work environment.

Steven Kruitbosch, an assistant corporate compliance officer at BRS—a provider of substance abuse treatment for individuals recovering from alcoholism and drug addiction—took leave under the California Family Rights Act following the death his long-time partner.