A California court ruled that Santa Clara County did not have to pay legal costs or indemnify a deputy sheriff accused of sexual harassment by coworkers. The court found that sexual harassment—specifically unwanted touching and sexual propositions directed at specific employees—falls outside the scope of employment. This means employers are not automatically required to cover defense costs for employees whose misconduct is personal rather than job-related. For construction subcontractors, this clarifies that indemnification clauses don't protect workers engaged in deliberate harassment or misconduct unrelated to their actual job duties.
Indemnification doesn't cover personal misconduct. If you're sued for harassment or intentional wrongdoing unrelated to your job, your employer or insurance likely won't pay your legal bills.