Harassment sometimes happens outside the office, at work parties and events. Employees are still protected by California law when harassment occurs at a function or company-sponsored event.
Whether you have a case depends on several things, including who was involved, the type of event, and how the employer responded. In many cases, the answer is yes. Employees may have the right to sue when harassment occurs at a company-sponsored event.
At Yoosefian Law Firm, P.C., we represent victims of harassment across California. We are experienced employment law attorneys and can answer any questions you have about your case.
California Law on Harassment at Work Parties and Events
Under California’s Fair Employment and Housing Act (FEHA), employers are responsible for preventing and addressing harassment that occurs at work. This includes off-site, after-hours functions if the event is tied to work in a meaningful way.
If the employer organized, encouraged, or benefited from the event, courts are more likely to treat it as an extension of the workplace.
Types of covered events can include holiday partie, off-site training retreats, sales conventions, client entertainment events and team-building outings. Harassment at these types of events may lead to employer liability under FEHA or other laws.
Requirements for a Case
To bring a harassment claim under California law, you must meet certain requirements. What you need to prove depends on who harassed you. The law treats harassment by supervisors differently than harassment by coworkers or non-employees.
When the Harasser Is a Supervisor
If the person who harassed you is a supervisor, California law makes it easier to hold your employer responsible. Under FEHA, the employer is strictly liable for harassment by a supervisor. This means you do not need to prove that the employer knew about the harassment or failed to stop it.
To win a supervisor harassment case, you must show that you were harmed and:
- You are an employee (or applicant) covered by FEHA
- The harasser was a supervisor with authority over you
- You were subjected to unwelcome harassment
- The harassment was based on a protected characteristic (such as sex, race, religion, age, disability, or another protected category)
- The harassment was severe or pervasive enough to alter your working conditions and create a hostile or abusive work environment
A supervisor is anyone who has authority to hire, fire, promote, demote, discipline, or direct your work. This includes managers, leads, and others with control over your employment. Because the employer is automatically liable for a supervisor’s harassment, these cases often have a stronger legal position.
When the Harasser Is Not a Supervisor
If the harasser is a coworker, subordinate, client, customer, vendor, or another non-supervisor, the employer is only liable if it knew or should have known about the harassment and failed to take immediate and appropriate action to stop it.
To win a non-supervisor harassment case, you must show that you were harmed and that:
- You are an employee covered by FEHA
- The harasser was a coworker, subordinate, or non-employee who you encountered in the workplace
- You were subjected to unwelcome harassment
- The harassment was based on a protected characteristic
- The harassment was severe or pervasive enough to create a hostile work environment
- Your employer knew or should have known about the harassment
- Your employer failed to take immediate and appropriate corrective action
The important difference is the last two requirements. When the harasser was not a supervisor, you must prove the employer had notice of the harassment and did not respond properly. This can be shown through a formal complaint to HR, reports to a manager, or evidence that the harassment was so obvious the employer should have known about it. If you never reported the harassment and it was not obvious, it may be harder to hold the employer responsible.
For harassment at work events, these same rules apply. If a supervisor harassed you at a company party, the employer is strictly liable. If a coworker harassed you, you must show the employer knew or should have known and failed to act.
Harassment After Company Holiday Parties
A recent case illustrates how a company can be held liable for harassment that occurs during or after a company holiday party. In EEOC v. Elite Wireless Group, Inc. (E.D. Cal. 2023), a 19-year-old employee was sexually harassed by her store manager in a hotel room after a company holiday party. The harassment included unwanted physical contact and sexual advances. She was later terminated after reporting the incident.
The Equal Employment Opportunity Commission (EEOC) sued the employer under Title VII, which is a federal law. The court entered default judgment against the company and awarded:
- $7,916 in back pay
- $100,000 in emotional distress damages
- Injunctive relief requiring policy reforms
The harassment occurred directly after an employer-sponsored event, making the employer responsible under federal law. California’s FEHA has similar liability standards, often broader.
Harassment at Company Sponsored Conventions
In 2021, California’s Department of Fair Employment and Housing (now the Civil Rights Department) sued video game company Activision Blizzard. The lawsuit claimed widespread sexual harassment, including misconduct at company-sponsored events such as BlizzCon, which was a convention sponsored by Activision Blizzard.
According to the complaint, male employees drank heavily and subjected female employees to unwanted advances. One manager brought alcohol and encouraged sexual behavior in a hotel suite at the event. Female employees also faced lewd comments and physical harassment.
The case settled for $54 million. Although the case settled without a liability finding, the allegations and significant settlement demonstrate what can happen when harassment happens at employer-sponsored events.
Types of Harassment That Can Occur at Work Events
While sexual harassment is most commonly reported, other unlawful conduct can also occur at company events:
- Sexual Harassment: Unwanted touching, sexual comments, propositioning, coercion, or conduct that creates a hostile environment.
- Verbal Harassment: Offensive jokes, slurs, or inappropriate remarks about race, gender, sexual orientation, or religion.
- Physical Harassment: Pushing, grabbing, or intimidating behavior.
- Retaliation: Punishment for reporting or rejecting harassment.
Under California law, employers must take all forms of harassment seriously, especially when they occur in settings the employer arranged or authorized.
Why the Identity of the Harasser Matters Under California Law
Under FEHA, if the harasser is a supervisor, the employer is strictly liable for the harassment. It doesn’t matter if the employer knew about the behavior beforehand. A supervisor includes anyone with authority to hire, fire, discipline, or direct the employee’s work. If the harasser is a coworker or client, the employer is only liable if it knew or should have known and failed to act. This distinction can determine whether a claim succeeds or fails.
What Counts as a “Work-Related” Event for Liability Purposes
The event doesn’t have to take place in the office to trigger liability. Courts look at whether the employer arranged, encouraged, or expected attendance. If the employer paid for the event, required employees to be there, or promoted it as work-related, it will likely be considered part of the work environment. That includes parties, retreats, conventions, or sales events. Voluntary attendance doesn’t always remove liability if the employer benefits from the event or creates the conditions for harassment.
Employer Responsibility Increases When Alcohol Is Served
Many work events include alcohol, which often contributes to harassment or inappropriate behavior. When an employer serves or permits alcohol, especially without supervision or clear conduct policies, the risk of liability increases. California courts consider whether the employer’s choices, like open bars or lack of oversight, contributed to the harassment. Even off-site or after-hours behavior may become the employer’s responsibility if the event is closely tied to work.
Retaliation After Reporting Harassment at a Work Event
California law prohibits retaliation against employees who report harassment or misconduct. If you report inappropriate behavior at a work event and your employer demotes, fires, or isolates you, that’s a separate violation. Retaliation claims are often easier to prove than harassment itself. Employers are required to protect employees who speak up. If you’ve been retaliated against, that alone may be grounds to sue.
How Fast Employers Must Act After a Harassment Report
Employers have a duty to act “immediately and appropriately” once they learn of potential harassment. That means conducting a prompt, impartial investigation and taking steps to stop the behavior. Ignoring a complaint, dragging out the process, or blaming the victim can all create liability. If the harassment happened at a company-sponsored event, employers are expected to act just as quickly and seriously as if it happened on-site.
Free Consultation with a California Harassment Attorney
If you were sexually harassed or otherwise mistreated during a work party, holiday event, or off-site function, you may have legal options. At Yoosefian Law Firm, P.C., we represent workers throughout California who were harassed in settings tied to their job.
We handle cases involving work-sponsored events, employer negligence, and retaliation. All consultations are free.
Contact us today by calling (818) 275-1529 or fill out our contact form to speak with an attorney who can help you understand your rights and next steps.