Workplace Investigations: Why Process Matters
Many employers assume that initiating a workplace investigation after a complaint is inherently neutral and protective. A recent Tenth Circuit decision— Byrnes v. St. Catherine Hospital —is a reminder that the way an investigation is designed and conducted can itself support a retaliation claim if it appears biased or outcome-driven. The Underlying Facts A physician reported alleged sexual harassment by a colleague. The hospital concluded the complaint lacked merit. Months later, it conducted a one-day investigation into alleged misconduct by the physician, which included several notable flaws: The physician was never interviewed, which was contrary to the hospital’s investigation procedures No nurses were interviewed, even though “nurse concerns” were cited Investigators relied on selective accounts without testing contrary evidence Senior decision-makers accepted the investigation’s conclusions without independent review or giving the physician an opportunity to respond, u...