A federal appeals court has rejected the lawsuit of a black woman who alleged that her ex-employer retaliated against her by refusing to investigate her complaints of racial discrimination. Noting that the woman was not made any worse off by the company’s alleged neglect, the 2nd U.S. Circuit Court of Appeals concluded that “an employer’s failure to investigate a complaint of discrimination cannot be considered an adverse employment action taken in retaliation for the filing of the same discrimination complaint.”

Cynthia Fincher alleged she was forced to resign her auditing position with the Depository Trust and Clearing Corporation after the securities clearing business did not act in response to her complaint to a manager that “black people were set up to fail” in her department and that she did not have adequate training. The circuit affirmed the decision of Southern District of New York Judge William H. Pauley dismissing that claim and others by Fincher.

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