Speaking up about sexual harassment takes courage. Many employees report misconduct to human resources, expecting the company to investigate and take action. When that response never comes, the problem often extends beyond the original complaint. Understanding the available legal options can be an important step toward protecting workplace rights and holding employers accountable.
Steps to take when HR ignores a sexual harassment complaint
When HR fails to respond to a sexual harassment complaint, taking the right steps can help protect legal rights and preserve important evidence. These steps include:
- Document the harassment: Save emails, text messages, written complaints and any responses from HR. Record the dates of each incident, the names of any witnesses and any changes in workplace treatment after reporting the conduct.
- Follow up and report the issue internally: If HR does not respond or take action, submit a written request for an update. If the problem continues, report it to a higher-level manager, senior HR representative or another appropriate company official.
- File a complaint with the appropriate agency: Employees may file a complaint with the Equal Employment Opportunity Commission (EEOC) or another relevant agency when an employer fails to address harassment. An investigation may help determine whether workplace laws have been violated.
- Speak with an employment attorney: An employment attorney can assess the situation, explain available legal options and help protect employee rights. An employment law attorney can help evaluate the circumstances, explain applicable deadlines and requirements, and help employees understand the potential implications of pursuing a complaint or legal claim.
Taking action early can help protect your rights, preserve key evidence and strengthen your position if legal action becomes necessary.
Why HR inaction can create bigger problems
Employees can expect HR to investigate sexual harassment complaints and take appropriate action. Failing to address a sexual harassment complaint can allow the misconduct to continue and make the workplace more difficult for employees. Employees who report misconduct may also face retaliation, including termination, demotion or other negative employment actions. When an employer fails to address a sexual harassment complaint, employees may continue to face a hostile work environment and ongoing emotional stress.
Taking further action
When a sexual harassment complaint goes unaddressed, employees may feel uncertain about what to do next. Learning about the available remedies can help them evaluate their situation and decide how to move forward.