March 31, 2026
When Wishing It Away Won’t Work: $5M Reminder to Investigate Employee Concerns
On March 31st a jury awarded a former employee $5M following a claim alleging at least five (5) violations of the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act. Claims included hostile work environment based on race, race discrimination, disability discrimination, failure to provide reasonable accommodation, and more.
What happened? The former employee alleged that he reported to management and HR several times over a period of two years that he was subjected to harassment by coworkers because of his disability and race. In part of the 47-page claim, he alleged the harassment was so severe the related stress required him to take time off from work. I will not repeat the slurs here, but the plaintiff described terms as “egregious.” I agree and would add mean, rude, cruel, derogatory, and more. The employee claimed the conduct was so cruel that a coworker also complained to HR about the treatment.
Protect Yourself From Individual Liability. The plaintiff named as defendants his former employer, two HR Business Partners, and a manager!
The judge found that the former employee, “has also presented evidence that [the employer] failed to investigate the issues of harassment…adding to the pervasiveness of the alleged conduct.” It seems the jury agreed. They awarded the sole plaintiff $5M.
Lesson learned. Now, I will tell you that the judge dismissed the claims against the individual HR pros and the manager. But at what time and costs to all? Do not put yourself and your employer at risk. If an employee expresses a concern, assume positive intent. Do not assume it does not warrant an investigation. Consult your company’s employment counsel and look into the matter.
