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‘Truth hurts’—but thorough workplace investigations hurt a whole lot less

November 2026 employment law letter
Authors: 

McKenzie Meade Davis, Lehr Middlebrooks Vreeland & Thompson, P.C.

In early September 2026, a federal judge granted summary judgment (dismissal without a trial) to musician Lizzo’s touring company (BGBT) on claims filed by Lizzo’s former wardrobe assistant, including claims of hostile work environment, discrimination, retaliation, and claims under the Fair Labor Standards Act (FLSA). The decision provides several practical reminders for employers and HR professionals when it comes to workplace harassment and discrimination and what employers can do to help eliminate the risk of litigation.

Don’t ignore inappropriate behavior, even if it’s not necessarily ‘unlawful’

In the recent decision, the court found that Lizzo’s former wardrobe assistant didn’t present sufficient evidence to establish a hostile work environment under Title VII of the Civil Rights Act of 1964—i.e., the conduct wasn’t so “severe or pervasive” to constitute unlawful harassment. 

Among other things, the employee’s evidence involved brief periods of alleged inappropriate conduct, including exposure to explicit and sexual images attached to equipment boxes, sexual jokes, and discussions of sexual activity. The employee wasn’t the direct target of inappropriate conduct, nor did it affect her ability to do her job. The court chalked it up to unprofessional and inappropriate conduct—just not enough to establish a claim.

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