What Happens if HR Ignores Your Sexual Harassment Complaint?
What happens if HR ignores your sexual harassment complaint? The answer depends on the circumstances, including what you reported, how the company responded, and what happened afterward. California law protects employees who report workplace harassment and encounter an employer who does not respond appropriately.
At The Law Office of Scott R. Herndon, we understand that reporting sexual harassment can be deeply personal. We take on only a small number of clients so that each person receives careful, individualized attention from an attorney who knows the details of their story.
HR Has a Responsibility to Take Complaints Seriously
When an employee reports sexual harassment, the employer generally has a responsibility to respond appropriately. That does not mean that every complaint will result in a finding of wrongdoing. An investigation may reveal different facts or lead to a different conclusion than the employee expected. Still, an employer should not simply ignore a sexual harassment complaint.
A proper response should be more than a brief conversation followed by silence. It should involve thoughtful attention to the allegations and the people involved. Depending on the circumstances, the company may also have obligations under California law to protect employees from retaliation.
You May Still Have Options if Nothing Happens at the Employer Level
It is understandable to feel discouraged when you report harassment and the company does not appear to do anything. You may wonder whether you should report the conduct again, confront the person involved, or simply try to endure the situation.
If your employer fails to do anything after you report sexual harassment, there may be legal steps you can take. The right course depends on when the harassment occurred, who committed it, who received your complaint, what you told HR, and how the company responded.
It is important to keep documentation such as emails, text messages, written complaints, performance reviews, calendar entries, and anything else that may help establish what happened.
Reporting Harassment Does Not Give Your Employer Permission to Retaliate
Sometimes, HR does not respond to a harassment complaint by doing nothing, but rather with retaliation. An employee may notice things beginning to change; for example, changes in schedules or responsibilities, exclusion from meetings or projects, or even demotion or termination.
Being treated differently after reporting sexual harassment can raise concerns about unlawful retaliation. California law protects employees who engage in certain protected activities, including reporting or opposing unlawful workplace conduct.
A lawyer can review the timeline of events to help determine whether the company acted properly or not.
What to Do When HR Fails to Respond Appropriately to a Complaint of Workplace Sexual Harassment
When you understand your rights and have experienced legal counsel, you can make informed decisions about what comes next. The Law Office of Scott R. Herndon explains all legal options to you and helps you regain a sense of control over what happens next.
