Workplace investigations: prompt and reasonable, but not always perfect

Employers understand the importance of investigating employees’ harassment complaints. A recent case explains what standards apply to the company’s investigation and what happens if the employer cannot determine who was the harasser.

Racial harassment at work

Ronald Burns worked at Berry Global’s manufacturing plant as a maintenance technician on its night shift.

Burns was Black and the victim of four despicable racial harassment incidents that his employer attempted to investigate and remedy.

First incident

When Burns returned to his locker at the end of his shift on August 7, he found a piece of cardboard with “dance monkey” written on it. When he brought the note to the attention of plant manager John Edwards, Edwards immediately contacted HR generalist Jamie Long, who then alerted the employer’s HR manager.

Despite spending several hours reviewing security camera footage, neither Long nor Burns could identify the person responsible. The plant manager subsequently met with and advised night shift employees “this type of harassment would not be tolerated.”

Second incident

As he was gathering his items four days later, Burns discovered a noose hanging from the lock on his locker. He texted a photo of the noose to Long and met with her. He explained what had happened, asked for the ethics hotline number, and asked her to look into the occurrences. He called the hotline and was told to take off the next two days.