"Truth Hurts" - But Thorough Workplace Investigations Hurt a Whole Lot Less...

By McKenzie Meade Davis - Lehr Middlebrooks Vreeland & Thompson, P.C.

September 29, 2026

Earlier this month, a federal judge granted summary judgment to singer Lizzo’s touring company (BGBT), on claims brought by Lizzo’s former wardrobe assistant, including claims of hostile work environment, discrimination, retaliation, and claims under the FLSA. The decision provides several practical reminders for employers and HR professionals when it comes to workplace harassment and discrimination, and what employers can do to help eliminate the risk of litigation.

Don’t ignore the inappropriate behavior, even if it’s not necessarily “unlawful.”

In the recent decision, Lizzo’s former wardrobe assistant did not present sufficient evidence to establish a hostile work environment under Title VII, i.e., the conduct was not so “severe or pervasive” to constitute unlawful harassment. Among other things, the employee’s evidence involved brief periods of alleged inappropriate conduct, including exposure to explicit/sexual images attached to equipment boxes, sexual jokes, and discussions of sexual activity. The employee was not the direct target of inappropriate conduct, nor did it affect her ability to do her job. The court chalked it up to unprofessional and inappropriate conduct . . . just not enough to establish a claim.

While it’s true that not all inappropriate conduct is unlawful, that does not mean employers should wait to investigate or address the behavior. Waiting until conduct becomes “severe or pervasive” (crossing that legal threshold) can create unnecessary risks and potentially allow a situation to escalate into a more serious workplace issue (and provide way more ammunition for the employee to later use in litigation).

Employers should ensure they have a strong equal employment policy that prohibits discrimination, harassment, and retaliation, and which defines the scope of prohibited conduct (especially harassment) more broadly than the legal definitions. The policy must also have, at minimum, a reporting mechanism that offers at least two options (e.g., different officers, manager/HR, or HR and a third party specializing in the intake of such reports) to employees to report such inappropriate conduct. Employers should promptly investigate reports of misconduct and address inappropriate behavior when it’s identified (taking witness statements, reviewing camera or video footage, reviewing text messages, etc.). The more specific and thorough the investigation and supporting documentation, the better position the company will be in to defend its conclusions.

Recognizing complaints of harassment and getting critical information from a first report of harassment are just two things of many that we train supervisors to do in our Effective Supervisor training. Registration is open for our three October sessions here; and we also offer the program on an in-house basis. 

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