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.
While it’s true that not all inappropriate conduct is unlawful, that doesn’t mean you should wait to investigate or address the behavior. Waiting until conduct becomes “severe or pervasive” (crossing that legal threshold) can create unnecessary risks and potentially allow a situation to escalate into a more serious workplace issue (and provide way more ammunition for the employee to later use in litigation).
What employers should do
You should ensure you have a strong equal employment policy that prohibits discrimination, harassment, and retaliation and that defines the scope of prohibited conduct (especially harassment) more broadly than the legal definitions. The policy must also have, at minimum, a reporting mechanism that offers at least two options (e.g., different officers, manager/HR, or HR and a third-party specializing in the intake of such reports) to employees to report such inappropriate conduct. You should promptly investigate reports of misconduct and address inappropriate behavior when it’s identified (taking witness statements, reviewing camera or video footage, reviewing text messages, etc.). The more specific and thorough the investigation and supporting documentation, the better position the company will be in to defend its conclusions.
If you have any questions or would like additional information, please contact McKenzie Meade Davis at 205-323-9279 or mdavis@lehrmiddlebrooks.com.