Reporting sexual harassment at work is difficult. When you are facing such a traumatic and sensitive issue, you need an employer who takes your concerns seriously by properly investigating your complaint and taking appropriate action. Unfortunately, not all employers respond in this way, which may leave you wondering what to do when HR ignores your sexual harassment report.

If internal complaints to HR were ignored or failed to resolve your issue, do not give up. You do have legal options under California’s sexual harassment laws. Employers have a responsibility to address workplace sexual harassment, and failing to do so can leave them liable for your damages. A San Diego sexual harassment attorney can assist you.

HR’s Duty to Investigate Sexual Harassment Complaints

Since sexual harassment is a form of sex discrimination that can be such a traumatic and stressful experience for victims, employers have a legal obligation to respond to internal complaints. When an employee reports sexual harassment, HR should:

• Take the complaint seriously
• Conduct a prompt and unbiased investigation
• Review available evidence
• Take appropriate action to prevent further instances of sexual harassment

If an employer ignores a complaint or does not fulfill this obligation, they could be violating sexual harassment laws. In a sexual harassment case, this may leave them liable to cover your financial and emotional losses.

An Overview of Sexual Harassment in San Diego Workplaces

Sexual harassment is a widespread issue across San Diego County. From large employers such as Sharp HealthCare and the City of San Diego to smaller businesses, there is always a potential for a sexual harassment case to arise.

In 2024, the number of California sex discrimination cases filed with the Equal Employment Opportunity Commission (EEOC) was 1,480, while the California Civil Rights Department (CRD) received 2,730 quid pro quo and 6,787 hostile environment complaints, both types of sexual harassment cases.

HR departments across San Diego receive sexual harassment complaints for a variety of types of harassment. The most common form of harassment people experience is verbal sexual harassment, such as sexual comments or offensive jokes based on sex or gender. This type of harassment was experienced by 78% of women and 29% of men. Other forms of sexual harassment include:

• Unwanted physical touches
• Receiving sexual messages online or through work communication platforms
• Requests for sexual favors
• Using employment incentives to coerce someone into sex or sexual conduct
• Sexual assault

When to Hire a Sexual Harassment Lawyer

It can be difficult to know what to do when the HR systems you should be able to rely on fail you. If you feel as though you are being ignored or penalized due to filing a complaint with HR, you should reach out to a San Diego County sexual harassment attorney as soon as possible.

Before speaking with a lawyer, it can be a good idea to follow up with HR in writing. This is especially helpful if your initial complaint was made verbally. While HR should respond to both written and verbal complaints, a written complaint creates a paper trail and may incite HR to take action. You can also try reporting the issue to a supervisor or senior manager.

If, after following up, HR is still not taking action, it is time to speak with a San Diego County sexual harassment lawyer. A lawyer can help you file a San Diego County sexual harassment claim with the CRD rather than through your own employer.

How Jimenez Loayza, APC, Can Help

Jimenez Loayza, APC, is a team of dedicated employment lawyers with years of litigation experience. We relentlessly pursue justice for sexual harassment victims by seeking a full recovery for their damages and pushing for changes in your workplace. A San Diego County sexual harassment attorney at Jimenez Loayza, APC, can help you by:

• Reviewing workplace policies and complaint procedures
• Gathering evidence and witness statements to support your complaint
• Communicating with the employer on your behalf
• Filing a CRD complaint when filing through HR is no longer effective
• Negotiating for a fair settlement
• Advocating for your case in court

While awards don’t guarantee future results, both of our attorneys have been selected as Rising Stars in employment litigation by Super Lawyers, an indication of their success and commitment to excellence.

FAQs

How Does HR Have to Respond to a Sexual Harassment Complaint?

A company’s HR department must respond to a sexual harassment complaint by investigating the complaint and then taking action to remedy the situation. Their response must be prompt and thorough. HR should also take appropriate steps to protect the alleged victim, such as changing work schedules to keep the victim away from the offender.

What Can Happen to Employers That Ignore Sexual Harassment Issues?

Employers that ignore sexual harassment complaints can face penalties under California’s sexual harassment laws. In a claim, they can be held liable for damages such as lost wages and benefits, emotional pain, or other damages that you have suffered. Beyond your damages, they may be required to pay the cost of your legal fees or punitive damages to penalize them for their misconduct.

What Happens When HR Does Not Respond to Complaints?

When HR fails to respond to a sexual harassment complaint in San Diego, California, it leaves many victims without closure or a resolution. Typically, no legal steps are taken after HR fails to address a case, unless a victim chooses to file a claim through another agency, such as the California CRD. Filing a claim can help you pursue remedies for your losses while also penalizing your employer for failing to uphold its duty to respond to claims of sexual harassment.

Can HR Fire You for Reporting Sexual Harassment?

No, HR cannot fire you for reporting sexual harassment. Employers are prohibited from retaliating against employees for reporting sexual harassment. This includes filing a complaint with HR, the CRD, participating in an investigation, supporting a victim of sexual harassment, or otherwise exercising your legal rights to file claims against your employer. If retaliation occurs, you should hire a sexual harassment lawyer to help you file a retaliation claim.

Reach Out to a Skilled San Diego County Sexual Harassment Attorney

It is easy to feel discouraged or powerless when HR does not take action on a serious complaint, such as a San Diego County sexual harassment claim. Despite this, you have legal rights, and there is a path forward. Contact Jimenez Loayza, APC, to schedule a free case consultation where you can learn how skilled legal representation can help you file a claim through the CRD.