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5th Circuit rejects discrimination, hostile work environment claims

November 2020 employment law letter
Authors: 
Jacob J. Pritt, Jones Walker

A former employee failed to establish she was subjected to a hostile work environment and discriminated and retaliated against by her former employer, the U. S. Court of Appeals for the 5th Circuit (which covers Texas, Louisiana, and Mississippi employers) recently ruled, affirming the district court’s decision. The appellate court’s opinion offers guidance on how you should respond to such allegations to avoid liability.

Former employee sues for bias, retaliation

Angie Scott-Benson worked as a health safety and environment (HSE) inspector for KBR, Inc., on a construction project in Waggaman, Louisiana, from 2013 to 2016. At some point during the stint, some coworkers reported her to the company's HR ethics hotline, alleging she was in a romantic relationship with her supervisor and receiving favorable treatment at work as a result.

KBR commenced an investigation and ultimately determined there wasn't enough evidence to substantiate the relationship, but it wrote up Scott-Benson and her supervisor and advised both to change their behavior in the workplace going forward.

After Scott-Benson was disciplined for the alleged workplace conduct, she filed a charge with the Equal Employment Opportunity Commission (EEOC) claiming:

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