When Workplace Investigations Aren’t Enough: Lessons from Brenyah v. Columbia Hospital

by Tyla A. Swinton

Oftentimes, discrimination and harassment cases boil down to documentation.  Does the employer have an anti-discrimination and anti-harassment policy? A complaint procedure? Did the employer document the employee’s complaint?  The investigative process? Did the employer document its decision and outcome for the matter? Was the decision based on a legitimate business reason?

When an employee complains about workplace harassment, a prompt investigation is a critical first step, but it is not the last.  The case of Brenyah v. Columbia Hospital Corp. of Bay Area is a testament of not only conducting thorough, accurate investigations, but also showing your work because, as case law has proven, the government agency or court cannot simply rely on your word.[1]

Brenda Brenyah, the plaintiff, was a Black woman from Ghana working as a registered nurse at the hospital.  According to the plaintiff, she was discriminated against and harassed by Hispanic nurses in her unit.  The plaintiff alleged that the nurses mocked African food and accents, made numerous unflattering remarks about Black employees, and expressed a preference for Filipino workers over Black employees during nearly all her shifts.  Ms. Brenyah further asserted that she reported this conduct to her supervisors, who, in her opinion, conducted an unsatisfactory investigation into her claims.  The Hospital, she alleged, had failed to interview significant witnesses, deviated from usual investigation practices, lost files, and excluded corroborating statements.

At the conclusion of the investigation, Ms. Brenyah’s supervisors offered to transfer her to another department, but she declined.  After continued complaints, the supervisors issued informal coaching, formal disciplinary actions, and imposed a 90-day probationary period, alleging time management and patient care issues.  The harassment and discriminatory remarks persisted.  Later, Ms. Brenyah was involved in a car accident that required her to take an extended medical leave.  She communicated with the Hospital frequently in an attempt to transition back to work, but the Hospital was delayed in its response.  She then sent a letter claiming a “forced resignation,” citing discrimination, harassment, and retaliation as the reasons for her departure.  Ms. Brenyah subsequently filed suit in federal district court alleging various claims, including hostile work environment and harassment based on race under Title VII and Section 1981.   Despite the district court ruling in the Hospital’s favor and dismissing Ms. Brenyah’s claims before trial, the Fifth Circuit Court of Appeals allowed the hostile work environment claims to proceed.

Importantly, the Fifth Circuit had three key points:

  • The frequency of harassment Ms. Brenyah experienced supported a finding of pervasiveness, and the comments were humiliating, not just offensive.
  • Another Black nurse who experienced similar harassment from the same group of Hispanic nurses at the Hospital had relevant testimony; such evidence contributed to the hostile work environment analysis; and
  • The employer’s investigation had several red flags, including testimony about who was interviewed, missing investigation files despite testimony that notes existed, failure to interview one Black employee who corroborated the complaints, excluding corroborating statements from the investigation summary, and a supervisor’s admission that “cliques were not going anywhere.”
    • So much so that the investigation did not end the harassment that took place.

Although the investigation was conducted promptly, it was not enough.  Employers should take heed of the Brenyah decision when handling internal conflict amongst employees.  While employers are not responsible for every single inappropriate comment or conduct in the workplace, they are responsible for promptly responding and taking the necessary steps to stop the behavior.

Investigations are a powerful tool for supporting employees and lessening an employer’s potential liability, but only when they’re conducted carefully and thoroughly.

Employers should do the following:

  • Develop clear, written investigation protocols.
  • Follow these written procedures consistently (apply them uniformly to every complaint).
  • Maintain confidentiality as necessary.
  • Interview all key witnesses.
  • Ensure every step is well-documented.
  • Resolve workplace concerns as quickly and efficiently as possible.

Utlimately, Brenyah underscores that an investigation should be more than a procedural exercise. For employers, each complaint presents an opportunity to assess not only the conduct at issue, but also whether existing workplace practices are effectively addressing employee concerns. A thoughtful and well-executed response can help employers address problems before they escalate and, looking ahead, build stronger workplace practices that benefit both employees and employers.

[1] Brenyah v. Columbia Hospital, No. 25-40200, slip op. (5th Cir. July 14, 2026), available at https://law.justia.com/cases/federal/appellate-courts/ca5/25-40200/25-40200-2026-07-14.html

This article is intended as a general discussion of these issues only and is not to be considered legal advice or relied upon. For more information, please contact RPJ Associate Tyla A. Swinton who counsels clients on employment, workplace investigations, compliance counseling, litigation strategy, and diversity and inclusion initiatives. Ms. Swinton is admitted to practice law in New York.