Is It Harassment If It Happens Outside of Work?

By Eugene Bruno on April 15, 2025

Imagine a scenario where an employee has just returned from a holiday party with their colleagues, only to learn that an awkward work encounter has occurred outside their professional environment.

Workplace harassment is unwanted behavior that makes an employee feel uncomfortable. Harassment of employees can extend beyond the workplace when it occurs at work-related events, during business trips, or even online.

Employees in California are protected under state laws from harassment, including incidents occurring outside work. These protections make it illegal to retaliate against an employee who reports harassment.

Understanding Workplace Harassment

The legal definition of harassment includes unwanted behavior that creates a hostile environment. In California, harassment in a workplace is defined as behavior that is severe or pervasive enough to impact an employee’s work environment.

Workplace harassment takes many forms. For example, verbal harassment includes offensive jokes or slurs, physical harassment involves unwanted touching or intimidation, and visual harassment may include inappropriate gestures or displaying offensive material.

In California, harassment laws protect specific categories of people. These protected categories include race, color, gender expression, sexual orientation, religion, national origin, age, and disability. In short, harassment based on these characteristics is illegal.

When Harassment Extends Beyond the Workplace

The scope of workplace harassment extends beyond the office walls. Out-of-work harassment refers to inappropriate behavior or unwanted conduct that occurs outside the typical office setting and affects an employee’s work life. This type of harassment often happens at social events or through digital communications.

Employers must set clear expectations for conduct at such events. If an employee feels uncomfortable or unsafe due to inappropriate actions from a colleague or superior, it becomes a concern for the employer.

The legal framework governing out-of-work harassment in California is robust. State laws, such as the Fair Employment and Housing Act (FEHA), provide a comprehensive structure to protect employees from harassment.

Scenarios of Out-of-Work Misconduct

Interactions with colleagues outside the office can also lead to harassment issues. Such settings might include offsite meetings, shared commutes, casual meet-ups, and work-sponsored social gatherings—such as holiday parties—where alcohol consumption and less formal settings can lead to actions that cross professional boundaries.

Offsite meetings and events may be a place where inappropriate jokes or comments are made. If these actions cause an employee to feel unsafe or disrespected, it might constitute harassment. Therefore, employers must establish clear guidelines for behavior at these events to protect employees. When these situations arise, employees must feel comfortable reporting any inappropriate conduct, knowing their concerns will be addressed seriously and professionally.

Legal Considerations in California

California law provides a framework for tackling out-of-work harassment. When assessing out-of-work harassment claims, California courts consider several factors. These include the nature of the relationship between the parties involved, the context of the interaction, and its impact on the work environment.

Courts also assess whether the conduct was severe enough to affect the employee’s work performance or create a hostile work environment. The courts also consider if the behavior was pervasive and if there were any attempts to mitigate the situation.

The Impact of Technology on Out-of-Work Harassment

Social media platforms and work-related digital communication can expose employees to harassment. It’s essential to use these platforms responsibly and report abusive behavior. For example, cyberbullying is a form of harassment that frequently causes severe and long-lasting effects. It can lead to anxiety, depression, and diminished self-esteem.

Creating a safe workplace involves acknowledging digital threats. In this digital age, employers must ensure a harassment-free environment, both online and offline. Moreover, employers must take action when harassment occurs, even if it’s outside work hours. This means implementing policies to address digital harassment. Regular training sessions can help employees understand how to prevent harassment.

Steps to Address Out-of-Work Harassment

Documenting incidents is crucial in harassment cases. Accurate records provide evidence that can be used in legal proceedings. For example, employees should record dates and times when the harassment occurred. They should also describe the incident in detail and save communications, such as emails, messages, and social media interactions.

Creating a detailed log helps identify patterns, and it provides a strong foundation for legal action or reporting to authorities.

Reporting harassment to HR is another necessary step in addressing the issue within the workplace context. HR has a responsibility to investigate claims thoroughly. Employees should follow the company’s reporting procedures and also provide HR with documented evidence and any relevant communications. HR should offer support and take appropriate action to address the harassment.

Additionally, a San Diego harassment lawyer provides assistance in documenting incidents, filing complaints, and seeking restraining orders when necessary. Seeking immediate legal advice will help prevent further harm and provide employees with the necessary resources to seek compensation for damages caused by harassment.

Contact Eugene Bruno & Associates in San Diego to Learn More

If an employee has been subjected to harassment, they should contact Eugene Bruno & Associates right away. With years of experience and a winning record, Eugene Bruno & Associates is committed to delivering outstanding results.

Our law firm has earned a place in The National Trial Lawyers Top 100, and we maintain a BBB Accredited Business rating of A.

Call Eugene Bruno & Associates today at 1-888-BRUNO-88 (1-888-278-6688) to schedule your free consultation.