Employees often assume that every workplace complaint triggers a formal investigation. In reality, that is not the case. While Texas law does not contain a statute that literally states that an employer must investigate all complaints, there are important legal and practical reasons for employers to take allegations seriously. Some complaints will require a full investigation because of federal and state anti-discrimination laws, while others involve workplace disagreements or policy concerns that do not rise to the level of unlawful conduct. Understanding the difference is essential for employers and employees alike.

Texas does not impose a stand-alone requirement that every workplace concern must be investigated. Employees may raise issues such as personality conflicts, minor disagreements, or general dissatisfaction with management decisions. These situations may be frustrating or disruptive, but they are not automatically violations of the law. Because of this, employers are not legally obligated to launch a formal investigation into every complaint an employee brings forward. Employers must determine which complaints involve legally protected issues and which do not.

Accordingly, employees also need to understand where the law provides protections and where it does not. If an employee believes they are being subjected to unlawful conduct or are witnessing unlawful conduct, they should do their best to articulate the law that they believe is being violated. Where harassment alone may not be a violation of the law, sexual harassment is. While disproportionate work assignments or favoritism on their own may not violate the law, doing so because of an employee’s race does.

Even though employers are not required to investigate every complaint, conducting investigations is still a sound business practice. Investigations demonstrate that the employer takes employee concerns seriously. They help identify problems that could grow into larger issues and they promote a healthier workplace culture. Effective investigations also improve employee trust and morale. When employees see that leadership responds thoughtfully to concerns, the workplace becomes more transparent and efficient. This can be invaluable if a dispute later escalates into a legal claim.

There are situations in which an employer’s discretion disappears because the law steps in. When an employee reports discrimination, harassment, or retaliation based on a protected characteristic under federal law or under Chapter 21 of the Texas Labor Code, the employer must take prompt and appropriate action. Courts and the Equal Employment Opportunity Commission consistently hold that an employer cannot meet its obligations unless it conducts a timely and meaningful investigation. If the employer knows or should know that an employee may be experiencing unlawful conduct, failure to investigate can expose the employer to legal liability, even if the underlying complaint is ultimately unproven. In this context, the investigation is not optional. It is part of the employer’s duty to ensure a workplace free from illegal discrimination and harassment.

Investigations of protected complaints must be prompt, thorough, and impartial. The law requires an employer to take the matter seriously and to make a good faith effort to uncover the facts. An employer that ignores a discrimination complaint, delays unreasonably, or conducts an incomplete review risks legal consequences. Courts often view a failure to investigate as evidence that the employer did not take the complaint seriously or attempted to avoid knowledge of misconduct. This can be just as damaging as the underlying violation.

Not every workplace conflict carries legal significance, yet good management requires attention to employee concerns before they escalate. Investigations can be a valuable internal tool even when they are not legally mandated. At the same time, there are clear situations where the law requires an investigation, and employers must understand which complaints trigger these obligations. 

Employers who establish consistent practices, train managers to recognize legally significant complaints, and respond promptly when protected issues arise are better equipped to maintain a lawful and respectful work environment. Even in Texas, where no statute explicitly requires investigations of all complaints, thoughtful investigative practices remain essential, and legally mandated investigations in discrimination, harassment, and retaliation cases are non-negotiable.

If you believe your employer has failed to investigate or remedy reported violations of the law, we have attorneys available for consultation. Contact me in Houston or one of my colleagues. Our team can evaluate your situation, explain your rights, and advise you on whether the law protects you based on the specific facts of your complaint.

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Photo of Kalandra N. Wheeler Kalandra N. Wheeler

We asked Kalandra N. Wheeler, a Trial Attorney in the Houston office of Wiley Wheeler, P.C., to provide her sincere answers to a range of questions.  After reading, you will be more more abreast with the understanding and competency that Ms. Wheeler

We asked Kalandra N. Wheeler, a Trial Attorney in the Houston office of Wiley Wheeler, P.C., to provide her sincere answers to a range of questions.  After reading, you will be more more abreast with the understanding and competency that Ms. Wheeler brings.

1.Why did you start practicing labor and employment law?

I wanted to be able to help people that otherwise might not find help. Labor and employment laws affect most of society.  And – whether our results help one or many – our work and efforts as employment lawyers touch people in a real way in their every day lives.

2. Who is your favorite Supreme Court Justice?

Thurgood Marshall.

3. What do you think is the most important part of a good case?

The client. Good facts and evidence are definitely important. But good clients are a lawyers’ most valuable asset.  A good client: (1) is invested in their case; (2) works or worked hard for their employer; (3) can tell their story clearly and concisely; and (4) is someone that a jury will find sympathetic and relatable.

4. If you could write a new law, what would it do?

The Texas Workplace Anti-Bullying law.  I hear the stories, the ones told by employees looking for help. And in far too many of those stories the law offers no solution.  Every employee that goes to work and works hard to do the job they are hired to perform should be able to do so without abuse, harassment, and bullying. There is no justification for bullying, not in our schools, and not in our workplaces.

5. Besides Rob Wiley, P.C., what is the most interesting job that you have had?

For a year before law school, I worked as a lube tech for Jiffy Lube.  I spent hot summer days, working on hot cars, changing oil or flushing transmissions or radiators.  I never had a customer come back with a complaint.

6. How do you market yourself differently than others?

I tell clients what they need to hear, not necessarily what they want to hear. Before a client begins down any path toward resolving an employment dispute, they need thoughtful, honest advice. I am a believer in justice and everyday people deserve competent representation in an arena that is difficult for non-lawyers to navigate.

7. What do you do when you’re not practicing law?

I spend time with family and friends.  I read true crime books.  I sew and draw.

8. How would you describe the color yellow to someone who could not see?

It’s not the intense heat of the sun during the month of August, but instead the softness of the sun on your skin just as the seasons change from Summer to Fall.  It’s warm. And soft to the touch.  It’s fresh squeezed lemonade with a hint of sugar.  Slightly cool, inviting, and happy.

9. What’s your favorite legal TV show?

Law & Order: SVU

10. If you could argue any case in history, what would it be?

The Karen Silkwood case. But really, I think that would be more about arguing and trying a case alongside Gerry Spence for the learning experience.

Kalandra N. Wheeler is a Trial Attorney in the Houston office of Wiley Wheeler, P.C.  She graduated from The University of Houston with a bachelor’s degree in political science.  Ms. Wheeler went on and received her law degree from The University of Arkansas.