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5th Circuit reminds employers to address all harassment complaints promptly

August 2023 employment law letter
Authors: 
Samantha Shear, Jones Walker LLP

After a medical clinic employee reported harassment, she said she didn’t want her alleged harasser “approached about his behavior specifically directed towards [her].” As a result, the lower court determined the employer was excused from failing to address the conduct right away, especially since it did take prompt action once the harassment turned physical. On April 27, 2023, the U.S. Court of Appeals for the 5th Circuit (which covers employers in Louisiana, Mississippi, and Texas) reversed the lower court’s dismissal of the hostile work environment claim, finding a factual dispute over whether the employee had directed the employer to act. The case serves as a reminder that harassment complaints must be addressed seriously and promptly, even if an employee indicates trepidation about their harasser being confronted.

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