5th Circuit finds Texas hospital’s HR investigation lacking

In a hostile environment case caused by coworkers, a prompt and complete employer investigation leading to action “reasonably calculated” to end the harassment will absolve the employer of liability. But prompt is only half the equation, as demonstrated by a recent case from the U.S. 5th Circuit Court of Appeals (the federal appeals court covering Texas).

Hostile environment evidence directed at employee

Brenda Brenyah, a Black U.S citizen born in Ghana, worked at the Corpus Christi Medical Center as a nurse. She claims to have been subjected on numerous occasions by her coworkers to the following:

• Comments by Hispanic employees that African food “stank”;

• Comments by a Hispanic nurse that Blacks “play the race card”;

• A comment that a Black nurse was “no longer Black” after visiting the Philippines and “upgraded” his race by marrying a Filipino; and

• The mocking of her accent.

Hostile environment evidence directed at another Black nurse

Brenyah claimed that she witnessed the following directed at another Black nurse:

• Being told by a Hispanic nurse to stay 12 feet away because of his race;

• Being reassigned away from patients who didn’t want a Black nurse; and

• Being called racial slurs.

Complaint and investigation