Generally, an employer must take prompt remedial action upon its awareness of discrimination or harassment in the workplace. This general duty is applicable whether an employer has actual awareness or should be aware of the unlawful behavior taking place.

Sensibly, this means the employer should conduct an investigation to unearth what steps of actions should be instituted next. It is important to note that where employers fail to take prompt remedial action, employers can be held liable under several employment laws such as Title VII of the Civil Rights Act of 1964 and Texas Labor Code.

Employer instituted action within one month following receipt of unlawful harassment in the workplace is considered prompt. By way of illustration, the Texas Supreme Court previously answered on whether an employer acted promptly following a complaint of sexual harassment. In Fossil Group, Inc. v. Harris^[1], here the issue was whether there was legally sufficient evidence that the employer failed to respond promptly to complaints regarding sexual harassment. While the evidence was uncertain on the timing of the employer’s receipt of harassment, it was undisputed the employer gained knowledge of the unlawful behavior.

Moreover, assuming the employer learned of the harassment on the earliest possible date, it acted promptly as a matter of law by discharging the harasser within one month.  “[C]omplainants often must ‘tolerate some delay’ for the employer to gauge the complaint’s credibility and the seriousness of the situation, especially when a complaint is sent through an anonymous reporting system.” Here, a month was not an unreasonable time under the circumstances considering that the plaintiff resigned within days of her first complaint, preventing a faster investigation and lessening the urgency of employer action.  Furthermore, there was no evidence of a need for “interim” action because the plaintiff was no longer an employee. The high Texas court rejected the plaintiff’s theory that the employer gained earlier “constructive” notice of the harassment. None of the individuals who knew of the harassment had the authority to address the problem or an affirmative duty to report the problem to management. This case showcases a recent and useful example of prompt action by an employer following notification of unlawful behavior in the workplace. Employers should not grow idle hands following notification of discriminatory or harassing behavior against its employees.

Now that we have a general idea of what prompt remedial actions looks like, what’s next from here? Typically following a complaint regarding unlawful behavior, an employer should investigate. Employers have a crucial obligation to address and rectify instances of unlawful harassment in the workplace promptly and effectively. Upon receiving notice of such harassment—whether through a formal complaint, observation, or any other means—the employer must act swiftly to investigate the allegations thoroughly. This duty encompasses several key responsibilities. Firstly, the employer must ensure that the investigation is impartial and conducted by individuals who are not biased or involved in the matter at hand. This process should include gathering evidence, interviewing relevant parties, and documenting findings comprehensively. Concurrently, the employer is required to take immediate steps to prevent further harassment, which may involve separating the complainant and the alleged harasser, adjusting work assignments, or providing interim measures to protect all parties involved. If the investigation substantiates the harassment claims, the employer must then implement appropriate corrective actions. These actions could range from disciplinary measures against the harasser to revising policies or providing additional training to staff. Furthermore, the employer should communicate clearly with the affected employees about the outcome of the investigation and the steps taken to address the issue. It’s vital that the employer demonstrates a commitment to creating a safe and respectful work environment by fostering a culture where harassment is not tolerated and where employees feel empowered to report such behavior without fear of retaliation. Failure to act promptly and decisively not only undermines the trust of the workforce but also exposes the organization to potential legal liabilities and reputational damage. 

In sum, an employer should provide prompt and effective response to unlawful conduct. Even where an employer has acted promptly, an employer should also ensure that its policies and practices are sound as to better assist in the facilitation of haste action from various outlets within the employer.