Overview: When a man complained that a female coworker was sexually harassing him, his supervisor mocked him on social media and implied that he was a whining dog.
The scenario: After his longtime partner passed away, Steven Kruitbosch, an employee of Bakersfield Recovery Services, Bakersfield, CA, took a month off to grieve at home. While he was still off work, Kruitbosch began to receive lewd text messages from Lisa Sanders, a coworker. The messages included nude photos of Sanders and statements that she wanted to have sex with Kruitbosch. He repeatedly rejected her advances.
Nevertheless, Sanders showed up uninvited at Kruitbosch’s home one day with a female friend. She told him that both women wanted to have sex with him, but he turned them down. Sanders departed the premises, but she left behind a cucumber with a condom attached to it.
When Kruitbosch returned to work, he told Kimberly Giles, a supervisor, about Sanders’ conduct. Giles said nothing could be done because the sexual harassment happened off-site. Later that day, Giles posted a video on social media showing whining dogs with the message, “This is a workday at the office.”
Because management refused to investigate his claims and concerned about future harassment by Sanders, Kruitbosch resigned.
Legal challenge: Kruitbosch sued for a sexually hostile workplace.
The ruling: The employer lost. Even though Sanders’ conduct didn’t create a hostile work environment because it happened off-site, ruled the court, management’s poor response to Kruitbosch’s complaint did create a hostile workplace because he was still anxious about potential harassment and he knew his bosses wouldn’t help him.
Based on Kruitbosch v. Bakersfield Recovery Services.
(From the October 31, 2025, issue of HR Manager’s Legal Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click here.)
