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.
Prompt Investigation Alone May Not Be Enough
Because the alleged harassment involved coworkers rather than supervisors, the hospital’s response became a key issue in the case. Employers generally aren’t responsible for every inappropriate comment made in the workplace. But once management learns about possible harassment, it must respond promptly and take steps that are reasonably likely to stop it.
Here, the 5th Circuit found there was enough evidence for a jury to question whether the hospital’s response met that standard. The court pointed to evidence that investigation files and interview notes couldn’t be produced, there were disputes about whether all key witnesses had been interviewed, information supporting the nurse’s complaints may have been left out of the investigation summary, and the alleged harassment continued after the investigation concluded. Taken together, the court found these issues were enough to keep the hostile work environment claims alive. Brenyah v. Columbia Hospital Corp. of Bay Area d/b/a Corpus Christi Medical Center, No. 25-40200 (5th Cir., June 23, 2026).
Takeaway
This case is a reminder that an investigation should be viewed as the beginning of your response, not the end of it. HR professionals should make sure investigations are prompt and thorough, follow company procedures, include the right witnesses, and are well-documented. Just as importantly, you should take corrective action that’s reasonably likely to stop the reported behavior and follow up to make sure it has. A thorough investigation paired with an effective response can help resolve workplace concerns and better position you if your actions are later challenged.
Claire Dinwiddie is an associate in the labor and employment practice group of Jones Walker, LLP. She can be reached in the firm’s New Orleans office at 504-582-8357 or cdinwiddie@joneswalker.com.