May 26, 2026
Understaffed or Outsourced HR Support is No Excuse for Unlawful Harassment
That is just one 13 causes of action cited in this lawsuit as it heads to trial. While the case was filed alleging violations of California law, it references Title VII of the Civil Rights Act of 1964 at least four times. What are the issues? Myriad. Many allege racial harassment, racial discrimination, and retaliation and the employer’s failure to take preventive or corrective measures.
The lawsuit cites the employer’s staffing ratios as a liability finding the employer had “one human resources officer to 604 workers. In 2020, that ratio rose to about one human resource member to 740 workers.” The suit alleges that resulted in an “under-staffed and inadequately trained human resources department.”
One of the employer’s defenses reportedly included contracted staffing agencies were expected to train contractors on the company’s anti-harassment, anti-discrimination policies and investigate complaints when staffing agency workers were involved.
Neither understaffed nor outsourced HR seemed adequate defenses as a California County Superior Court ruled the case may proceed to trial on at least some of the claims.
Attention managers! This lawsuit has been filed against at least 50 defendants who may be a director, agent, employee, and/or representative of the employer and who allegedly “acted within the course and scope of their agency, service, employment, and/or representation, and…herein is jointly and severally responsible and liable to the Group for the damages hereinafter alleged.” If you are not sure about how to respond to an employee’s expression of concern about any work-related matter, refer the employee to HR and follow up to ensure the concern was addressed.
