10th Circuit rules shoddy investigation is not retaliatory

When an employee complains of discrimination or harassment, companies often investigate the matter. Doing so allows a company to address alleged improper behavior, and it may allow the company to avoid potential liability—if it takes prompt remedial action. But what if the employee believes the company’s investigation was half-hearted or inadequate—is that retaliatory? A recent decision from the U.S. 10th Circuit Court of Appeals (whose rulings apply to all Colorado employers) affirms that even a shoddy investigation doesn’t give rise to a retaliation claim without some additional harm.

Employees’ claim

Stacie Culp and Stephanie Peters worked as servers at a restaurant operated by Remington of Montrose Golf Club. Both alleged that they were sexually harassed by the bartender/assistant floor manager. Initially, neither Culp nor Peters reported the harassment. Peters alleged that Remington management had not taken action in response to past complaints, and Culp feared that her complaints wouldn’t be taken seriously.

Culp eventually mentioned the harassment to a manager at a different restaurant, where she applied to return to her former job. This information reached Remington’s management, prompting an investigation.