Court reveals what HR must do when alleged harassers and coworkers deny the claims

A construction company that thoroughly investigated harassment claims it couldn't corroborate won dismissal of a lawsuit, offering a roadmap for HR teams facing similar complaints.

In its decision, the Sixth Circuit Court of Appeals ruled February 12 that Pullman SST, Inc. took proper action when responding to Kevin Hamm's allegations of workplace harassment, even though the company's investigation turned up no supporting evidence.

Hamm, a construction worker specializing in gunite concrete application, told coworkers in late 2020 that he was bisexual. What happened next became the subject of sharply conflicting accounts. According to Hamm, his superintendent and crew members at the Michigan Central Station project spent five months calling him homophobic slurs and comparing him to a murdered man with a similar name. The coworkers denied everything.

The case offers lessons for HR departments navigating the gray zone between taking employee complaints seriously and making decisions when witnesses contradict the complaining employee.

Hamm first mentioned problems to his construction manager Chad Ruff in February 2021, though he declined to name names because he did not want anyone getting in trouble. Ruff spoke with the crew. When Hamm called again in March with similar concerns, Ruff promised to handle it. But Hamm said the situation continued.

On April 29, 2021, following a heated exchange...

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