When investigating isn’t enough: 5th Circuit highlights importance of being thorough

When an employee complains about workplace harassment, opening an investigation is an important first step, but it isn’t the last one. A recent decision from the U.S. 5th Circuit Court of Appeals (whose rulings apply to all employers in Louisiana, Mississippi, and Texas) reminds employers that once they learn about possible harassment, they must respond in a way that’s reasonably likely to stop it. Although a Texas hospital defeated most of a former employee’s claims, the court found there were enough questions about the hospital’s response for her hostile work environment claims to move forward.

What happened

A registered nurse who was born in Ghana claimed coworkers repeatedly mocked her accent and African food, made offensive comments about Black employees, and openly favored employees of other nationalities. She reported the conduct to management several times but alleged the behavior continued.

The hospital investigated her complaints, interviewed employees, coached some of the individuals involved, and offered the nurse a transfer, which she declined. The nurse later sued in federal district court, alleging discrimination, retaliation, disability discrimination, and a hostile work environment. 

The district court ruled in the hospital’s favor and dismissed all of the nurse’s claims before trial. When the nurse appealed, the 5th Circuit agreed that most of her claims should be dismissed but allowed the hostile work environment claims to proceed.