What if HR ignores your sexual harassment complaint in California? Sometimes employees take the right step and report harassment, only to have HR dismiss it. HR may downplay what happened. HR may suggest you’re exaggerating. Or HR may act like it’s not their responsibility. That reaction is incredibly frustrating. You don’t know where to turn, and you’re left wondering: what happens under the law if HR ignores your complaint?
I’m Matt Ruggles. I’ve been practicing employment law in California for more than 30 years, and I’ve handled sexual harassment cases in workplaces across the state. One thing I’ve learned is that the law doesn’t just look at the harassment itself, it also looks very closely at how HR and management respond when an employee reports it. And when HR fails to act, that failure can itself create a hostile work environment.
I wrote this blog to explain what happens if HR ignores your sexual harassment complaint in California. I’ll walk you through a recent case, break down what counts as harassment under state law, and give you practical steps you can take if HR turns a blind eye.
What Counts as Workplace Sexual Harassment in California?
California’s Fair Employment and Housing Act (FEHA), Gov. Code §12940, recognizes two main types of sexual harassment in the workplace: quid pro quo and hostile work environment. Understanding the difference helps employees see how the law protects them.
Quid Pro Quo Sexual Harassment in California Workplaces
This is the “this for that” form of harassment. It happens when a supervisor or manager conditions your job, raise, hours, or promotions on sexual favors. Classic examples include:
- Being asked for dates or sexual favors in exchange for keeping your job
- Threats of demotion or termination if you refuse advances
- Promises of better assignments, pay, or promotions if you agree to a relationship
Hostile Work Environment Sexual Harassment in California
This form doesn’t require a threat about your job status. Instead, it occurs when the conduct is severe or pervasive enough to make the workplace intimidating, offensive, or abusive. Examples include:
- Repeated sexual jokes, comments about your body, or unwanted flirting
- Displaying sexual images, memes, or gestures in the office or over workplace apps
- Unwanted physical contact, such as touching, grabbing, or blocking your path
- Persistent digital harassment, like explicit texts, DMs, or emails
Importantly, harassment doesn’t have to occur in the office or during work hours. What matters is whether it affects your working conditions. If it impacts your ability to do your job, or if HR and management ignore it, California law treats it as unlawful harassment.
If you want to understand the difference between harassment that is severe versus pervasive, read my blog Severe Versus Pervasive Sexual Harassment in California.
If you’re unsure how to handle inappropriate behavior in the workplace, read my blog How Should I Respond to Sexual Harassment?
If you’re worried that speaking up could cost you opportunities, read my blog Does Reporting Sexual Harassment Hurt Your Career?
California Court Decision: What Happens When HR Ignores a Sexual Harassment Complaint
There has been a recent case in California that speaks directly to this issue. The facts are unusual, but the lesson is important: when HR ignores a sexual harassment complaint, that failure can itself become the basis of a legal claim. I want to quickly review this case with you. Read the summary below, and then I’ll explain how this case shows how the law works in California.
California Court Case Review: Kruitbosch v. Bakersfield Recovery Services
This case started in Kern County Superior Court, where an employee named Steven worked as a compliance officer for a substance abuse recovery center. A coworker began sending him explicit photos, showed up at his house uninvited, and even tried to exploit his history with addiction to pressure him into sex. All of this happened outside of work, off the clock.
When Steven reported the harassment to HR, he expected his employer to step in. Instead, HR told him there was nothing they could do because it happened away from the workplace. To make matters worse, the HR representative mocked him, both in person and with a social media post, instead of offering protection. The employer took no steps to separate him from his harasser, no investigation was conducted, and no discipline was imposed. Steven eventually resigned because the situation became unbearable.
The Kern County Superior Court initially dismissed his case, ruling that the harassment wasn’t “work-related” enough to fall under California’s Fair Employment and Housing Act (FEHA). But on appeal, the California Court of Appeal for the Fifth Appellate District reversed in part. The appellate court said the off-site harassment alone might not have been enough, but HR’s failure to act, and especially HR’s mocking response, could itself create a hostile work environment under the FEHA. That meant Steven’s sexual harassment claim could move forward.
If HR is ignoring your sexual harassment complaint in California, you don’t have to stay silent. Call the Ruggles Law Firm today at 916-758-8058 for a free, confidential consultation. We’ve helped employees across California hold employers accountable, and we can help you understand your rights and the best way forward.
Key Takeaways: When HR Dismisses or Ignores Sexual Harassment Complaints in California
Takeaway #1: HR’s Duty to Investigate Sexual Harassment Complaints in California
Once you report harassment, your employer has a legal obligation to investigate and take corrective action, even if the conduct happened outside of the office.
Takeaway #2: HR’s Reaction Can Create a Hostile Work Environment
When HR mocks, dismisses, or trivializes a complaint, that response can itself become part of the hostile work environment under California law.
Takeaway #3: FEHA Protects Employees When HR Ignores Harassment Complaints
California’s Fair Employment and Housing Act (FEHA) is clear: ignoring a complaint doesn’t shield the employer. It exposes them to liability.
Takeaway #4: You Still Have Options if HR Does Nothing About Harassment
Silence from HR doesn’t leave you powerless. You may still have a strong legal claim, and in many cases, HR’s inaction strengthens it.
Steps to Take If HR Does Nothing About Sexual Harassment Complaints in California
If HR won’t do its job, you don’t have to sit quietly and accept it. Here’s the checklist I give employees when their complaints are ignored:
☑ Step 1: Document sexual harassment and HR’s response
- Save emails, texts, screenshots, and notes.
- Write down HR’s reaction if they mocked you or brushed you off.
☑ Step 2: Put Your Harassment Complaint in Writing
- Follow up with a written report if you only complained verbally.
- An email to HR is enough: it creates a permanent paper trail.
☑ Step 3: Escalate Sexual Harassment Complaints Internally
- Take it to a senior HR rep, compliance officer, or leadership.
- Once management knows, they have a legal duty to act.
☑ Step 4: Contact CRD or a California Sexual Harassment Lawyer
- Contact the California Civil Rights Department (CRD).
- Or speak with an employment lawyer who can intervene.
☑ Remember anti-retaliation protections
- It’s illegal for your employer to punish you for reporting harassment.
- If you’re demoted, disciplined, or fired, that can trigger a retaliation claim.
If you’re considering legal action while still working for your employer, read my blog Should I File a Sexual Harassment Lawsuit While Still Employed?
Retaliation Protections If HR Ignores Your Sexual Harassment Complaint in California
One of the biggest fears employees have about reporting sexual harassment is retaliation. You worry HR might ignore your complaint and then punish you for speaking up. California law makes it clear: retaliation for reporting harassment is illegal.
What retaliation can look like:
- Getting fired or laid off shortly after making a complaint
- Being demoted, losing hours, or having your pay reduced
- Suddenly receiving negative performance reviews after years of good feedback
- Being excluded from meetings, projects, or opportunities you previously had
- Subtle forms of punishment, like being reassigned to worse shifts or less desirable duties
Under California’s Fair Employment and Housing Act (FEHA), you are protected from retaliation the moment you make a good-faith complaint about harassment, whether to HR, a supervisor, or even directly to the Civil Rights Department (CRD). Even if your harassment claim is ultimately not proven, you cannot legally be punished for raising it.
If HR dismisses your complaint and then your employer retaliates, you may now have two claims: one for harassment and one for retaliation. In many cases, retaliation claims are just as powerful, sometimes more valuable, than the underlying harassment claim.
FAQ: What to Do When HR Ignores Workplace Sexual Harassment in California
What can I do if HR does nothing about harassment at work?
If HR does nothing after you report harassment, that inaction can itself be illegal. California law requires your employer to investigate and correct the problem. Silence from HR doesn’t mean you’re stuck, it may actually strengthen your claim.
What happens if HR dismisses my sexual harassment complaint?
When HR dismisses your complaint instead of investigating, that can create a hostile work environment. The law doesn’t allow an employer to wave off harassment concerns, even if they think the situation isn’t “serious enough.”
Is it illegal if HR ignores my workplace harassment complaint in California?
Yes. HR ignoring workplace harassment in California violates the FEHA because employers have a duty to act once they know about harassment. Ignoring it doesn’t make the problem go away, it makes the employer liable.
What if my employer ignores my sexual harassment report?
If your employer ignores your report, you should document everything and escalate the issue. Ultimately, the employer, not just HR, can be held responsible under California law for failing to act.
Can I sue if HR is ignoring my harassment complaint?
Yes. If HR is ignoring your harassment complaint, you may have both a harassment claim and a retaliation claim, depending on how your employer responds. Courts in California have made clear that inaction by HR can support a lawsuit.
What should I do if HR won’t take action on my harassment complaint?
If HR won’t take action, escalate internally, then consider contacting the California Civil Rights Department (CRD) or an employment lawyer. The longer HR refuses to act, the more it exposes your employer to liability under California law.
Does California law set a deadline for HR to investigate sexual harassment complaints?
California law doesn’t give HR a fixed number of days, but employers must act promptly. Unreasonable delays can be treated as ignoring the complaint.
Final Thoughts: When HR Dismisses Sexual Harassment Complaints in California
If HR ignores your sexual harassment complaint, that silence says a lot. It tells you the company is more interested in protecting itself than protecting its employees. California law doesn’t tolerate that. Whether the harassment happened in the office, online, or even outside of work, what matters is how it affects your ability to do your job and whether your employer takes it seriously.
You don’t have to fight this alone. I’ve spent more than 30 years standing up for employees in California who were brushed aside by HR. The law is on your side, and so are we.
Contact the Ruggles Law Firm at 916-758-8058 to Evaluate Your Potential Lawsuit
Matt Ruggles has a thorough understanding of California employment laws and decades of practical experience litigating employment law claims in California state and federal courts. Using all of his knowledge and experience, Matt and his team can quickly evaluate your potential claim and give you realistic advice on what you can expect if you sue your former employer.
Contact the Ruggles Law Firm at 916-758-8058 for a free, no-obligation evaluation.
Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.
