Dealing with harassment at work is stressful enough without having to face the challenge of a non-responsive HR department. If you’ve reported harassment and HR hasn’t responded, you might feel overlooked, frustrated, or even isolated. However, the absence of HR’s immediate response should not prevent you from pursuing the issue further. In fact, The Myers Law Group emphasizes the importance of continuing to report harassment, regardless of HR’s delay. In this guide, we’ll discuss why reporting harassment is critical, how to escalate the issue when necessary, and how to protect yourself from retaliation during the process.
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David P. Myers
Adam N. Stern
Ann Hendrix
Robert Kitson
Justin Crane
Doug Smith
Jason Hatcher
Morgan J. Good
Alvin Ferrara
The Importance of Reporting Harassment 
Workplace harassment can take many forms: from subtle microaggressions to outright physical or verbal abuse. Regardless of the severity, all forms of harassment create a toxic environment that can negatively impact your mental health, productivity, and overall well-being. Legally, your employer is obligated to address harassment claims promptly and fairly.
Unfortunately, when you report harassment, you might find that HR is slow to act or fails to respond altogether. This can leave you feeling discouraged and wondering if it’s worth pursuing the matter further. The Myers Law Group stresses that even if HR has not responded to your initial complaint, you should still follow through with reporting the harassment. The reason is simple: your rights are at stake, and an employer’s failure to address harassment can have serious legal consequences.
In many cases, employers who neglect harassment complaints are in violation of labor laws. These include laws set forth by the Equal Employment Opportunity Commission (EEOC) and state-level protections. If HR isn’t handling your case properly, pursuing other legal avenues may be the only way to ensure your complaint is taken seriously.
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Why You Should Persist in Reporting Harassment
- Legal Obligations of Employers
Under both federal and state law, employers are required to provide a safe work environment free from harassment. This obligation is particularly enshrined under the Civil Rights Act of 1964 (Title VII), the Fair Employment and Housing Act (FEHA) in California, and various other labor laws. These laws hold that if harassment occurs, the employer must investigate the issue thoroughly and take appropriate action.
If your employer fails to respond to your harassment complaint, they may be violating these laws, which could lead to legal consequences for them. By continuing to report the harassment, you are ensuring that your rights are preserved, and if necessary, you can pursue further legal action to protect yourself.
- Harassment May Not Stop Without Intervention
In cases where harassment is not addressed, the situation is unlikely to improve on its own. Harassment, whether it’s sexual, racial, or based on another protected characteristic, often persists when no action is taken. Even if HR delays in responding, continuing to report the incidents can help prevent the situation from worsening. Furthermore, documenting each incident creates a clear trail of evidence that may be critical should you need to pursue legal action or file a complaint with an external body like the EEOC. - Protection Against Retaliation
While retaliation is illegal, it’s still a valid concern for employees who report harassment. HR may not always be the best resource to prevent retaliation, especially if they’re not taking your complaint seriously. However, under the law, it’s illegal for an employer to retaliate against you for filing a harassment complaint. By following the right channels and maintaining detailed records of your complaint, you protect yourself from potential retaliation.
I had some issues with my employer. I called a couple of law firms. Some called back and some did not. When David Myers returned my call I found him to be down to earth and personable. He was cognitive about my issues and his knowledge of Labor Law was exemplary. My issues were addressed and handled to my satisfaction. I will recommend David Myers and his law group to anyone who asks. Thank you David.” - Ken Fretter The Meyers Law Group is definitely the lawyer’s you want. We got absolutely misguided by another attorney firm and Maria helped us out and got us taken care of. Maria will take the time to completely understand your case and her knowledge is well beyond the many firms we sat with.Do not! I repeat, Do not! Use another firm without talking to The Meyers Law Group first.Thank you Maria for getting us the results we were expecting." - Koa G. I have hired David Myers for 2 cases. The first was a wrongful termination based on my request for a reasonable accommodation under ADA law. The second case involved an employer who reneged on a written job offer/acceptance. In both cases, David was knowledgeable about the laws, presented the case well, and was supportive of me. We prevailed on both cases. I would recommend David without hesitation." - Anonymous
Steps to Take When HR Doesn’t Respond
If HR has failed to respond to your harassment complaint or has not handled the matter effectively, it’s important to take proactive steps to ensure that your concerns are addressed.
- Send a Follow-Up Complaint
The first step in addressing an unresponsive HR department is to send a formal follow-up. A polite yet firm email or letter can remind HR of the severity of your complaint and the need for a timely investigation. Be sure to restate the details of the harassment incidents, reference the date you initially reported the issue, and request an update on the process.
In your communication, make it clear that you are expecting a prompt response. You might also ask HR for a timeline or an explanation of their next steps. It’s important to remain professional in your follow-up but also assert your need for an immediate resolution.
- Document Everything
Documentation is one of your most powerful tools in addressing workplace harassment. Keep a detailed log of every incident of harassment, including the date, time, location, individuals involved, and any witnesses. Record HR’s response (or lack thereof) to your initial complaint and follow-up. Having a complete and organized record of your experience can be vital if the situation escalates and you need to take legal action.
Also, save all correspondence with HR. Whether it’s email or written letters, these documents serve as evidence that you followed the correct process. This will also protect you against claims of retaliation or workplace bias.
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- Contact an External Agency
If your employer refuses to address your complaint or continues to drag its feet, it’s time to reach out to an external organization. The EEOC is a federal agency that handles discrimination and harassment claims in the workplace. In California, you can also file a complaint with the Department of Fair Employment and Housing (DFEH). These organizations can investigate your claim and hold your employer accountable if they fail to respond properly.
In addition to government agencies, you may want to consult an employment attorney. Attorneys with experience in harassment claims can help you navigate the process and may be able to intervene with your employer on your behalf.
The Risk of Retaliation and How to Protect Yourself
One of the most daunting aspects of reporting harassment is the fear of retaliation. Retaliation can manifest in many forms, such as being given undesirable work assignments, receiving negative performance reviews, or even being terminated. If you suspect retaliation after reporting harassment, it’s important to act quickly.
- Know Your Rights
Under both federal and state laws, retaliation for reporting harassment is prohibited. If you experience retaliation, it’s essential to document the behavior. Keep a record of any changes in your work environment, such as altered duties, increased criticism, or any other behavior that appears punitive. If the retaliation is severe, you may need to involve an attorney who can file a formal retaliation claim. - Speak to a Lawyer
If retaliation occurs, it’s critical to reach out to an attorney specializing in employment law. The Myers Law Group can help you evaluate your case and determine the best course of action. Lawyers can guide you through the process of filing a formal complaint or even taking legal action against your employer.
Escalating the Issue: When It’s Time to Take Legal Action
If the harassment continues and HR remains unresponsive, taking legal action may be your only recourse. Legal claims can address both the harassment itself and any retaliation you’ve faced as a result of reporting it.
In California, you have several avenues for legal action, including filing a lawsuit for emotional distress, loss of wages, and other damages. In extreme cases, if the harassment has caused severe emotional harm, you may also seek compensation for pain and suffering.
However, before taking any legal steps, it’s crucial to consult with an attorney who specializes in workplace harassment. The Myers Law Group offers free consultations to evaluate your case and determine the appropriate legal actions to take.
The fear of reporting harassment—especially when HR hasn’t responded—can feel overwhelming. However, it is vital to continue advocating for yourself in these situations. Employers have a responsibility to provide a safe, harassment-free workplace, and you have the right to hold them accountable.
Even if HR has been slow to respond, there are steps you can take to ensure your complaint is heard, including following up with HR, documenting everything, and seeking external support. If needed, legal recourse is an option. No one should have to endure harassment at work, and you have the power to protect yourself.
If you’re unsure how to proceed or if retaliation has occurred, don’t hesitate to reach out to The Myers Law Group. Our experienced attorneys can guide you through the process and help you take the necessary legal actions to protect your rights and future.