Can an employer be held liable for the actions of a colleague who retaliates against another employee?
California, United States of America
The following excerpt is from Terra Linda Farms, Inc. v. California Fair Emp't & Hous. Comm'n, F059869 (Cal. App. 2012):
As to the first point, we adopt the principle that "an employer may be held liable for coworkers' retaliatory conduct if the employer knew or should have known of the coworkers' retaliatory conduct and ... failed to take reasonable actions to end the retaliatory conduct." (Kelley v. The Conco Cos. (2011) 196 Cal.App.4th 191, 213.)
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