California Sexual Harassment: What If HR Ignores Your Complaint?

There are few moments more disorienting at work than reporting sexual harassment and hearing nothing back. Silence from Human Resources can feel like a second betrayal, layered on top of the conduct you endured. California law does not treat that silence lightly. Under the Fair Employment and Housing Act (FEHA), employers have a duty to prevent and correct harassment. When a company ignores a complaint, it risks direct liability, even if the underlying harassment was by a coworker or third party. If you are in that limbo, there are practical steps you can take and legal protections that apply whether your harasser is a supervisor, a peer, or even a customer.

What counts as sexual harassment under California law

California sexual harassment laws define harassment broadly. It covers unwanted sexual advances, verbal sexual harassment like sexualized comments or jokes, physical sexual harassment including groping or coerced touching, and nonverbal acts such as leering or displaying explicit images. Harassment is unlawful when it is severe or pervasive enough to create a hostile work environment, or when there is quid pro quo harassment, meaning job benefits are conditioned on sexual favors. California recognizes that harassment can come from supervisors, coworkers, or third parties like clients or vendors if the employer knew or should have known and failed to take immediate and appropriate corrective action.

Two details matter in practice. First, California’s definition focuses on the effect on the victim, not the harasser’s intent. A single incident can be enough if it is severe, for example sexual assault. Second, the standard looks at the overall workplace environment. A series of unwanted advances at work, crude texts, repeated touching at office events, or persistent sexualized comments can add up to a hostile work environment in California, even if each instance seems small on its own.

Under FEHA sexual harassment provisions, employers must take reasonable steps to prevent and promptly correct harassment. That duty shows up in several concrete ways. Employers must have a written anti-harassment policy, share it with employees, provide complaint channels that bypass the chain of command if the harasser is a supervisor, and conduct a timely, impartial sexual harassment investigation when a complaint arises. California workplace sexual harassment laws also require training: AB 1825 and SB 1343 require employers of at least five employees to provide sexual harassment training to supervisors and nonsupervisors at set intervals. Training matters because it educates employees and managers on what is considered sexual harassment in California and how to report it.

When HR ignores a complaint, or delays without good reason, the company may be violating FEHA. Courts in California look at the speed and thoroughness of the employer’s response, whether interim measures were taken to protect the complainant, and whether discipline or corrective steps followed if the allegations were substantiated. The law does not demand perfection, but it does require action that is timely, reasonable, and effective.

Signs your complaint is being ignored vs. investigated

Not every delay means neglect. A sound investigation takes time, especially if witnesses are unavailable or materials must be collected. Still, there are patterns that signal trouble. If HR acknowledges receipt, conveys next steps, and offers interim measures like schedule changes or no-contact directives, that points to movement. If weeks go by without any response, if HR refuses to accept your written report, or if you are urged to “just work it out” with the alleged harasser, that is not an adequate process. A vague assurance that “we’re looking into it” with no follow-up, no interviews, and no timeline after a reasonable period is typically a red flag.

In my experience, robust investigations log the complaint, confirm the scope in writing, identify witnesses, gather documents and messages, and provide written closure describing general findings without breaching confidentiality. They avoid retaliation and keep the complainant updated, even if only with process milestones.

If HR does nothing: immediate steps to protect yourself

The first priority is your safety and the integrity of your evidence. Document, preserve, and escalate in a measured way. That does not mean sending angry emails at midnight. It means building a record and using the complaint systems that California law provides.

Here is a simple, practical sequence that fits most workplaces:

Write down each incident while it is fresh. Include dates, times, locations, exact words or actions, witnesses, and how it affected your work. Save evidence. Preserve texts, emails, chat messages, social media DMs, and photos. Keep them in a personal account or device you control, not on a company laptop where access could be cut off. Re-submit your complaint in writing. Send it to HR and to a second channel named in your policy, such as a compliance inbox or a manager outside your chain. Ask for a response date and an outline of the process. Ask for interim protections. Request a no-contact directive, schedule or reporting changes, or a temporary transfer that does not reduce your pay or status. If nothing moves, file externally with the California Civil Rights Department. A CRD complaint starts the administrative process and puts a clock on the employer.

Keep your tone factual and professional. Consistency matters. Avoid embellishment. If you recall new details later, explain how and when you remembered them. Credibility is often the deciding factor when HR initially drops the ball.

Employer liability when HR ignores a complaint

Employer responsibility for sexual harassment in California depends on who the harasser is and whether the company took preventive and corrective steps.

If the harasser is a supervisor, the employer is strictly liable for sexual harassment that creates a hostile work environment. That means the company is liable even if upper management did not know. In quid pro quo harassment cases, where tangible job actions are tied to submission or refusal, strict liability also applies.

If the harasser is a coworker or third party, the employer is liable if it knew or should have known and failed to take immediate and appropriate corrective action. This is where HR’s silence becomes pivotal. A written complaint puts the employer on notice. Ignoring it strengthens the case for employer liability under California workplace harassment laws.

Employers can also face liability for retaliation. FEHA protects employees who oppose or report sexual harassment. Terminating, demoting, cutting hours, assigning worse shifts, or freezing someone out of meetings after a report can support a retaliation claim. Wrongful termination tied to sexual harassment complaints is a common companion claim in litigation.

What to expect from a proper investigation in California

A compliant sexual harassment investigation in California has recognizable features. It starts promptly, usually within days, unless there are exceptional circumstances. The investigator should be impartial and trained, either internal HR or outside counsel or a neutral investigator. Witnesses are interviewed separately. Documentary evidence is collected with attention to privacy laws. The complainant is given an opportunity to provide a full account and names of witnesses. Interim measures remain in place to prevent ongoing harm. At the end, the employer reaches findings based on a preponderance of evidence, then implements corrective action ranging from training and coaching to discipline or termination. The company should communicate closure to the complainant, even if not every detail can be shared.

When HR ignores or botches these steps, it undercuts the defense that the company acted reasonably. In litigation, an employer’s failure to investigate often becomes a centerpiece of the case.

External reporting options when the company stalls

California gives you multiple routes outside the company. The California Civil Rights Department, formerly DFEH, enforces FEHA sexual harassment protections. You can file a sexual harassment claim in California with the CRD online, by mail, or by phone. The CRD will evaluate, may investigate, and can offer mediation. If you prefer to proceed in court, you can request an immediate right-to-sue notice. The Equal Employment Opportunity Commission also accepts sexual harassment complaints, and the agencies often cross-file.

The filing deadline for a CRD complaint is generally three years from the last discriminatory or harassing act, although there are exceptions and tolling rules that can extend or shorten timeframes. After receiving a right-to-sue, the window to file a lawsuit is typically one year. Timelines can be nuanced, particularly if the harassment is ongoing or if you discover harm later, so it is wise to nail down dates early.

Damages and remedies available in California

If sexual harassment at work in California is proven, remedies can include back pay, front pay, emotional distress damages, and sometimes punitive damages where the employer’s conduct shows malice or reckless indifference. Courts can also order policy changes, training, and reinstatement if a termination occurred. California sexual harassment settlements vary widely, from low five figures to seven figures in severe cases with lasting harm, corroborating witnesses, and clear employer failures. The range depends on the severity and duration, the impact on your career and health, the strength of the evidence, and the employer’s response. Attorneys’ fees are available to prevailing plaintiffs under FEHA, which shapes settlement dynamics.

How training and policies intersect with your case

California sexual harassment training requirements are not just boxes to check. AB 1825 and SB 1343 set standards for content and frequency. Supervisors must receive two hours of training every two years, nonsupervisors at least one hour, with special content on retaliation and reporting. Employers must also provide a clear, accessible anti-harassment policy that includes complaint paths and answers a key question: how to file a sexual harassment complaint in California within the organization.

If your employer lacks a policy or training program, or if the policy exists only on paper, that feeds the narrative that the company failed to take reasonable steps. Conversely, even with good policies, a toothless response to an actual complaint weakens the defense. Documentation showing you used the policy as written can be powerful.

Common edge cases that trip people up

Complaints about off-site conduct at a happy hour or conference still count if they affect your work environment. Harassment on a personal phone or private social app may also qualify if it spills into the workplace or is connected to work relationships. Independent contractors in California have standing under FEHA to assert harassment claims against companies that engage them, which is broader than some other states. Third party harassment by customers is actionable if the employer fails to intervene after notice. Remote work did not end harassment either; it merely shifted it to chat platforms, video calls, and texts. Hostile work environment laws in California do not require that the conduct occur in an office.

Another frequent issue involves “he said, she said” dynamics. Lack of a smoking gun does not end a case. Credible testimony, consistent accounts, contemporaneous notes, and pattern evidence from others can carry a claim. Also, an employer cannot lawfully insist that you speak only to HR and forbid you from filing with the CRD or EEOC.

Building evidence without burning bridges

Employees often ask whether to secretly record conversations. California is an all-party consent state for audio recording. Recording someone without consent can break the law and backfire. Safer options include sending follow-up emails that confirm conversations, saving chat messages, and keeping a timeline. If HR meets with you, ask to take notes and request a summary afterward.

Witnesses are tricky. Colleagues may be wary of getting involved. That is normal. You can name them for HR or the CRD and let an investigator approach them. Avoid pressuring coworkers. If a supportive colleague is comfortable, a short statement confirming what they saw or heard can matter. Security footage, badge logs, and scheduling data can also corroborate your account, even when it does not show the conduct itself.

Retaliation realities and how to respond

Retaliation often looks subtle at first. A prime project disappears, a performance review shifts tone, meetings move off your calendar. California sexual harassment retaliation law protects you if the negative action is because you reported or opposed harassment. Keep a timeline of changes after your complaint. If your employer cites performance reasons, ask for specifics and compare them to prior reviews. Request reasonable accommodations if you are dealing with anxiety or medical issues resulting from the harassment; in some situations, disability laws may provide additional protections.

If retaliation continues and HR remains silent, elevate externally. The CRD can address retaliation as part of a broader sexual harassment complaint. Courts often treat retaliation seriously because it chills reporting and makes prevention meaningless.

When to involve a California sexual harassment attorney

There is no wrong time to consult a sexual harassment lawyer in California. Early advice can help shape your reporting strategy and preserve claims. Lawyers can send a calibrated letter that often prompts an investigation where there was none. They can evaluate the California sexual harassment statute of limitations that applies to your facts, assess evidence, and navigate mediation, arbitration clauses, or class waivers. Some employment agreements include arbitration provisions; sexual harassment arbitration in California is a specialized arena with its own timelines and discovery rules. A lawyer can also explain whether your case is a better fit for CRD mediation, EEOC processes, or direct litigation.

If cost is a concern, many plaintiff-side employment attorneys work on contingency, and FEHA’s fee-shifting provision makes meritorious cases more feasible to bring. Initial consultations are often free.

The complaint process with the CRD, step by step

California’s CRD has streamlined filing. You can initiate a complaint online with a short narrative and dates. After submission, the CRD may interview you, draft a formal complaint, and serve it on the employer. The employer responds in writing. The CRD may offer voluntary mediation with a neutral mediator. If mediation does not resolve the matter, the CRD decides whether to investigate further, pursue enforcement, or issue a right-to-sue at your request. The sexual harassment complaint process in California is designed to be accessible without a lawyer, but counsel can help you avoid pitfalls, especially where timelines and evidence preservation intersect.

What to do if you fear for your job

If HR is ignoring you and the harasser is a supervisor or occupies a powerful role, job security may feel precarious. You can ask for a temporary paid leave while the company investigates, or for a transfer that maintains pay and title. If conditions become intolerable and you resign, California law recognizes constructive dismissal in sexual harassment cases where a reasonable person would feel forced to quit. Before taking that step, talk to counsel. Leaving affects back pay, mitigation duties, and settlement leverage. Sometimes a short leave, medical support, and a firm escalation plan produce a better outcome.

Special considerations for small employers and startups

FEHA generally applies to employers with five or more employees. Many startups meet that threshold quickly, including founders and part-time staff. Even below that number, other laws and common law claims may still apply, and public policy protects employees from retaliatory termination for reporting unlawful conduct. In small teams, HR may be a single person wearing many hats or an outsourced provider. The duty to act does not shrink with headcount. If the internal channel is ineffective, use the external ones sooner.

How courts view employer silence

Judges look for reasonableness grounded in action, not slogans. A written policy that no one follows is a weak shield. If HR ignores a complaint, juries tend to fill the silence with inferences: that management did not care, that the workplace tolerated harassment, that the complainant’s experience would have continued. Employers who can show prompt intake, thoughtful interim measures, unbiased fact-finding, and proportionate discipline fare better, even when the outcome is disputed. The absence of those steps is often the difference between a defensible case and a costly https://www.employmentlawaid.org/contact verdict or settlement.

Bottom line and a clear path forward

If HR ignores your complaint of sexual harassment in California, you are not powerless. The law expects employers to prevent and correct harassment, and it gives you tools when they do not. Center your efforts on documentation, safety, and smart escalation. Ask for concrete updates and interim protections. If silence persists, bring the California Civil Rights Department into the loop and consider engaging a California sexual harassment attorney. Deadlines matter, credibility matters, and your health matters most. You do not have to wait in limbo for someone else to decide whether your experience counts. The legal framework in this state was built for exactly this scenario, and it works best when you use it deliberately.

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Pub: 09 Feb 2026 09:53 UTC

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