In a case highlighting the importance of an adequate response to harassment allegations, on July 14, 2026, the U.S. Court of Appeals for the Fifth Circuit in Brenyah v. Columbia Hospital Corporation of Bay Area reversed summary judgment on an employee’s hostile work environment claims, holding that the employer’s investigation, which was riddled with gaps and inconsistencies, was insufficient to shield it from liability under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981, which prohibits discrimination in contracts (including employment contracts) based on race.
Quick Hits
Near-daily comments of a humiliating nature can satisfy the “severe or pervasive” standard for harassment.
Second-hand harassment directed at a coworker of the same protected class can contribute to a plaintiff’s hostile work environment claim.
Employers may want to ensure their investigations into harassment allegations are thorough and follow established procedures; missing files, uninterviewed… Read the complete article here...
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