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Responding to claims of off-site coworker harassment

September 2025 employment law letter
Authors: 

Mark Schickman, Schickman Law

An employee complains to you that a coworker delivered lewd messages, came uninvited into their home, and made repeated and express physical and verbal sexual advances. You don’t know how to respond? Neither did the HR representative in the case below.

Sexual assault? Not my problem!

Bakersfield Recovery Services (BRS) provides substance abuse treatment to recovering alcoholics and drug addicts. In 2019, Steven Kruitbosch began working as an assistant corporate compliance officer at BRS. His job responsibilities required him to oversee client services, ensure all staff properly documented services, check that staff were providing clients with evidence-based services, ensure facilities were operational and properly maintained, and ensure BRS adhered to contractual obligations. He trained all staff on various aspects of their jobs. At various times during his employment, he attended sexual harassment trainings that made clear even sexual harassment off the clock was a violation of BRS policy.

Lisa Sanders was a case manager and one of Kruitbosch’s coworkers. He was “technically above her in [BRS’s] chain of command.” He was responsible for training her, ensuring her file was up to date with current trainings, answering questions she had about client care, and overseeing the new BRS site where she worked.

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