Good faith is good enough when it comes to investigating harassment complaints

When it comes to investigating harassment complaints, employers often feel damned if they do and damned if they don't. If the accuser's claim cannot be confirmed, she might sue, and if her complaint is vindicated, the perpetrator might sue. A recent case from the U.S. Court of Appeals for the 8th Circuit (whose rulings apply to employers in Arkansas and Missouri) indicates that an employer's good-faith intentions in conducting the investigation may be good enough.

Background facts

In May 2014, Brookshire Grocery Company hired Albert Rinchuso as a pharmacist. At the beginning of his employment, Rinchuso signed an acknowledgment of Brookshire's Internet and conduct policies in which he recognized that using the company computer for personal reasons or acting inappropriately at work could result in termination. Shortly after he began working at Brookshire, female employees reported that he was engaging in inappropriate behavior, and he was verbally warned.

In January 2017, Brookshire opened an investigation in response to a coworker's complaint that Rinchuso was viewing pornography on his work computer. During the investigation, four female employees alleged that Rinchuso had viewed naked women and gambled on his work computer and had touched them inappropriately. Despite their accusations, Brookshire's IT department was unable to conclusively determine if he had viewed pornography on his work computer.