Employees in Los Angeles have the right to work in an environment free from sexual harassment. Unfortunately, when they take the brave step of reporting misconduct, some find that their concerns are dismissed, minimized, or ignored altogether. An employer’s failure to act on a harassment complaint is not only unethical, but it may also violate both California and federal law.
Knowing what to do when human resources (HR) fails to respond is essential for protecting your safety, your career, and your legal rights.
HR’s Legal Duty to Investigate Harassment Complaints
Under the California Fair Employment and Housing Act (FEHA), employers have a legal obligation to take all reasonable steps to prevent and correct harassment. That means once a complaint, whether verbal or written, is made, the company must promptly investigate the allegations and take corrective action if necessary.
HR’s responsibilities typically include:
- Interviewing the employee and the alleged harasser.
- Collecting witness statements and reviewing relevant evidence.
- Maintaining confidentiality to the extent possible.
- Implementing measures to prevent further harassment or retaliation.
When HR fails to perform these duties, it not only enables continued harassment but also exposes the employer to liability for creating or allowing a hostile work environment.
Recognizing When HR Is Not Doing Its Job
Sometimes HR promises to “look into” a complaint but never follows up. In other cases, the department may discourage the employee from pursuing the issue, claiming that the matter is “not serious enough” or suggesting that reporting could harm the employee’s career.
Warning signs that HR is failing to take proper action include:
- No follow-up after filing a complaint.
- Being pressured to stay quiet or handle the situation directly.
- Retaliation from supervisors or coworkers after the report.
- Repeated incidents involving the same offender.
- A lack of written findings or corrective steps.
These red flags may indicate that the employer is not complying with its legal obligations under FEHA or Title VII of the Civil Rights Act of 1964, both of which protect employees from workplace harassment and retaliation.
How to Strengthen a Neglected Harassment Claim
If HR fails to act, employees should begin building their own record of what occurred. Documentation is one of the most effective tools for proving that an employer failed to fulfill its duty to respond.
Important steps include:
- Keeping copies of all written complaints, emails, and notes from meetings.
- Recording the dates and times of any incidents or discussions with HR.
- Saving messages, texts, or voicemails related to the harassment.
- Identifying witnesses who can confirm that complaints were made or ignored.
Comprehensive documentation helps establish that the employee not only reported the harassment but that the employer failed to take reasonable action afterward.
Filing a Complaint Beyond the Company
When internal reporting fails, California employees can take their case to external agencies. The California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing, and the U.S. Equal Employment Opportunity Commission (EEOC) both handle sexual harassment complaints.
These agencies can investigate claims, mediate disputes, or issue a “right-to-sue” letter allowing the employee to pursue a civil lawsuit. Acting promptly is vital because strict filing deadlines apply.
Why Legal Guidance Is Essential
Taking legal action against an employer can be intimidating, especially when HR has already ignored your concerns. A knowledgeable Los Angeles employment law attorney can step in to evaluate the claim, communicate directly with the employer, and file complaints with the proper agencies. An attorney can also help pursue damages for emotional distress, lost wages, and other harm caused by the employer’s inaction.
Contact The Leichter Law Firm, APC, Today
If HR has ignored your sexual harassment complaint, do not assume that you have no options. Aryeh Leichter, an employment law attorney at The Leichter Law Firm, APC, in Los Angeles County, represents employees whose rights have been violated by inaction or retaliation. Contact him for a free and confidential consultation to discuss how the law protects you and what steps can be taken to hold your employer accountable.