NC court says failing to investigate discrimination complaint is no adverse action

A North Carolina court recently held an employer wasn’t liable under Title VII of the Civil Rights Act of 1964, a federal antidiscrimination law, for failing to investigate an employee’s discrimination complaint. The case is a win for employers, although you should nevertheless ensure all unlawful discrimination complaints from employees are investigated.

Facts

Cynthia Coon provided services for Rex Hospital, Inc., from 2016 to 2019. According to her complaint, while performing services, she made various discrimination reports. For example, she allegedly reported to Rose Ackerman, a Rex director, that she had been subjected to multiple incidents of “racially derogatory, offensive, abusive comments, and aggressive, threatening, intimidat[ing] behavior.” She also claimed another employee had allegedly made racially charged comments directed toward her, interfered with her job duties, intimidated her, and caused her to feel uncomfortable, afraid, and unsafe at work.

Coon also allegedly complained to another supervisor, Hannah Kimak, that Ackerman herself had made a racist, offensive comment to her. According to Coon, the discrimination complaints should have been investigated but were not, contrary to Rex’s policies regarding discrimination and harassment, as well as its code of conduct.