What if Your Employer Ignores Your Complaints of Harassment or Discrimination?

Let’s say that you feel you’ve been a victim of harassment, discrimination or retaliation, or that your employment has been affected in some other way, by wrongdoing or illegality. You know your company’s policy, and you follow it, making a report to your human resources director or supervisor–whoever your company’s policy dictates that you report to.

They tell you that they will investigate. And so you wait. And wait. And as time goes on, nothing happens. What then? What do you do when you do the right thing but your employer sits on your case or complaint?

Document Your Follow Up

Of course, follow up would be the best advice, but don’t just follow up–document the time and date you follow up and what you say, and to whom you follow up with. The failure to follow up and actively investigate reports of harassment can be the basis for wrongful harassment or termination or discrimination, so you want to document the efforts you made to get your employer moving.

It is likely, if you do follow up, you’ll get a response that an investigation is still ongoing. Request an estimated timetable, as to how long the investigation is likely to take, and if there is anything you can do to expedite the process. The answer will probably be nothing, but at least you are documenting that you are trying to get answers, and you are willing to cooperate.

If you don’t get any resolution, you should proceed to whomever the next highest supervisor is–even if that person isn’t technically human resources, or someone that handles harassment or discrimination complaints.

Through this all, be aware that the people handling and investigating your complaints, may be the same people involved in the harassing or discriminatory behavior. As such, they may be in no rush to act on your complaints, or to find a resolution.

Retaliation

While the investigation is continuing, look for signs of retaliation–that is, signs you are being suddenly treated differently than you were, before you made any complaints. If you do feel that you are being retaliated against, report that as well. In fact, employers might drag out an investigation, in hopes that you make errors at work, thereby giving them justification to fire or punish you before the investigation is complete.

Complaining to Government Agencies

You can also make a formal complaint with a number of government agencies. Which one, depends on the nature of the complaint. The EEOC (federally) and the California Civil Rights Department handle discrimination and harassment, while California’s Labor Commissioner’s Office handles issues related to unfair or unpaid wages.

Getting Legal Help

At any time, you can retain an attorney to assist you–and you likely should. An employment attorney will tell you if it’s “too early” to get an attorney involved, so don’t be worried that you’re jumping the gun–there’s no penalty for seeing an attorney too early, but there can be if you wait too long, as the time for filing a lawsuit could expire.

Is your employer ignoring your complaints about harassment or discrimination? We won’t. Contact the San Jose employment law attorneys at the Costanzo Law Firm today.

Sources:

calcivilrights.ca.gov/

dir.ca.gov/dlse/howtofilewageclaim.htm