What Should I Do If My Employer Ignores My Sexual Harassment Complaint?

Experiencing sexual harassment in the workplace is a deeply damaging event. Reporting it to your employer is a difficult but crucial first step toward seeking justice. However, when an employer fails to take your report seriously or ignores your complaint altogether, it can leave you feeling powerless and unsafe. Employees in California have specific legal rights under state and federal law, and employers have legal obligations to address harassment complaints promptly and effectively. Below is a guide to help you understand your rights and the actions you can take if your employer fails to properly address your sexual harassment complaint.

Your Rights Under FEHA and Title VII

Employees in California are protected against sexual harassment under two main legal frameworks: the federal Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act (FEHA).

• Title VII: Prohibits employment discrimination based on sex, including sexual harassment, in workplaces with 15 or more employees.
• FEHA: Provides broader protection than federal law and applies to businesses with five or more employees. FEHA prohibits harassment based on gender, sex, gender identity, gender expression, and sexual orientation.

Under both laws, you have the right to report workplace harassment without retaliation. If a complaint is made, your employer is legally required to act promptly and thoroughly investigate your allegations.

Employer’s Duty to Investigate Sexual Harassment Complaints

California law requires employers to take all reasonable steps to prevent and correct workplace harassment. Once an employer becomes aware of potential harassment—whether from a formal report, an informal complaint, or even observation—they are required to investigate the situation. Failure to investigate can constitute a violation of FEHA.

Employers must:

• Conduct a prompt, thorough, and impartial investigation.
• Take appropriate corrective action if harassment is found.
• Protect the person who reported the harassment from retaliation.

If an employer ignores or delays investigating a complaint, they may be liable for additional damages under state law.

Steps to Take If Your Complaint Is Ignored

If your employer refuses to address your complaint properly, you should take the following steps to protect your rights and build a case:

• Document Everything: Keep copies of emails, text messages, reports, or any documents you submitted. Write down dates, times, witnesses, and the content of harassment or meetings with management.
• Follow Up in Writing: If you initially reported the harassment verbally, send a detailed email or letter to your HR department, supervisor, or another manager reiterating your complaint.
• File an Internal Appeal or Complaint: Some companies have multiple layers of complaint procedures. If your initial report was ignored, escalate the issue internally to other high-level supervisors or departments.
• Request a Copy of the Company’s Harassment Policy: Read the policy to ensure proper procedures were followed and to identify additional reporting avenues.

Legal Options If the Employer Fails to Act

If your employer fails to investigate or resolve your harassment complaint appropriately, you can pursue legal action. Here are your primary options:

• File a Complaint with the California Civil Rights Department (CRD): Formerly known as the DFEH, the CRD investigates violations of the FEHA. You must file a CRD complaint within three years of the incident.
• File a Complaint with the U.S. Equal Employment Opportunity Commission (EEOC): The EEOC enforces Title VII and accepts complaints within 300 days of the harassment incident for California workers.
• File a Civil Lawsuit: After filing with the CRD or EEOC, and receiving a “Right to Sue” notice, you may file a lawsuit against your employer for damages such as emotional distress, lost wages, and punitive damages.
• Consult with an Employment Attorney: A qualified California employment lawyer can help assess your case, collect evidence, and represent you in legal proceedings. Legal representation significantly improves your chances of success and fair compensation.

Miracle Mile Law Group has experience handling sensitive sexual harassment cases and advocating for employees across California. If your complaint has been ignored, we are here to help you assert your rights. You do not have to go through this alone.

Learn more about your legal options by visiting our Sexual Harassment Resource Page.

Conclusion

Sexual harassment in the workplace is illegal under both California and federal law. If your employer ignores your complaint or fails to act responsibly, you have legal remedies available. By knowing your rights and following the proper steps to escalate and pursue legal action, you can protect yourself and work toward a safer work environment for all.

For personalized legal guidance, contact Miracle Mile Law Group for a free case evaluation.