Investigate Like Columbo, Not Clouseau

The Fifth Circuit Court of Appeals recently issued an opinion that highlights the importance of thorough, well-documented investigations. In Brenyah v. Columbia Hospital Corporation of Bay, the plaintiff was a Black woman from Ghana who alleged that certain Hispanic nurses mocked African foods and accents and expressed preferences for Filipino workers over Black employees. The plaintiff reported this conduct—which she alleged occurred daily—to her supervisor. The company conducted an investigation but failed to interview salient witnesses, deviated from usual investigation practices, lost files and excluded corroborating statements. After the investigation, the company subjected the plaintiff to coachings, formal disciplinary actions and extended her probationary period. Ultimately, the plaintiff filed suit alleging (among other things) hostile work environment. The company filed a motion for summary judgment, which the district court granted. However, the appellate court reversed. The court noted that employers can avoid liability if, once the employer is informed of alleged harassment, the company “takes prompt remedial action to protect the claimant.” The court concluded that there was sufficient evidence that the company’s investigation was “insufficiently prompt and thorough” to inoculate the company from liability. In addition, the company’s actions based on the investigation were not “reasonably calculated to end the harassment,” given that there was evidence that the alleged misconduct continued after the investigation. This case is a good reminder that investigations can be a powerful tool for helping employees and limiting the company’s liability, but only if they’re done carefully, consistently and thoroughly. You can read the court opinion here. You can learn more about Columbo and Clouseau here and here.