California Appellate Court Rules That, Although Coworker’s Off-Duty Conduct Was Not Imputable to Employer, Employer’s Response to Complaint May Establish a Cognizable Claim for Harassment

Last month, the California Court of Appeal for the Fifth Appellate District held that, although the employer was not liable for harassment based on a coworker’s off-duty conduct unrelated to work, the employee nevertheless stated a cognizable claim against the employer—and could proceed with litigation on both the harassment and failure to prevent harassment claims—based on its response to the employee’s harassment complaint.