6th Circuit provides guidance on investigations, remedial measures

The 6th Circuit (which covers Michigan and Ohio employers) recently provided employers with guidance on how to handle an employee's complaints of multiple instances of gender-based harassment committed by coworkers. The crux of the case illustrates the importance of taking prompt remedial action, even if the results prove to be inconclusive.

'You were warned!'

A Detroit city employee referred to as "Jane Doe" underwent gender-confirming surgery. Upon returning to the workplace, she was subjected to three separate instances of gender-based harassment by coworkers.

First, an unknown coworker altered Doe's office nameplate by writing "Mr." on it and delivered a handbag containing a phallic sex toy and a hateful, handwritten note. She immediately reported the incident to HR, which instructed her to file a formal complaint with the Department of Human Rights. A coworker had previously filed a complaint with Doe's supervisor alleging Doe violated the department's dress code, but she had never experienced direct harassment and was unsure who was responsible.

Second, about five months later, Doe found the following typed note in her office mailbox, citing a Bible verse: