December 15, 2024

What to Do If HR Ignores Your Sexual Harassment Complaint

Imagine reporting sexual harassment at work, only to have your HR department dismiss your concerns or fail to take meaningful action. It feels like a betrayal, leaving you unsupported and vulnerable. Unfortunately, this is a reality for many employees in New York. 

But you don’t have to face it alone. If HR ignores your complaint, there are steps you can take to protect yourself and seek justice. At Mizrahi Kroub LLP, we’re here to stand by your side, provide guidance, and fight for your rights.

Your Legal Rights in New York

As a victim of sexual harassment in New York, you’re protected under state and federal laws, including:

  • The New York State Human Rights Law: This prohibits workplace sexual harassment in any company, regardless of size.
  • Title VII of the Civil Rights Act of 1964: This federal law protects employees from harassment based on sex in workplaces with 15 or more employees.

These laws ensure that you have the right to a safe, harassment-free work environment—and provide legal recourse when those rights are violated.

Why HR Might Ignore Your Complaint

It’s frustrating and disheartening when HR fails to act on a sexual harassment complaint. Understanding why this happens can help you take the right steps to protect yourself. Common reasons HR may dismiss or ignore your concerns include:

  • Protecting the Company: HR departments often prioritize the company’s reputation and financial interests over addressing employee complaints.
  • Lack of Training or Policies: Some HR teams are not properly equipped or trained to handle sensitive issues like sexual harassment.
  • Power Dynamics: If the accused is in a position of authority or has influence within the company, HR may hesitate to take action.

What to Do When HR Fails to Act

When HR ignores your sexual harassment complaint, it can feel like there’s nowhere to turn. But you have options. Here’s what you can do:

  • Document Everything: Keep a detailed record of every harassment incident, including dates, times, locations, and witnesses. Save emails, messages, or other correspondence that could support your case.
  • Consult with a New York Sexual Harassment Lawyer: An experienced attorney can help you understand your rights, build a strong case, and navigate the legal process.
  • File a Complaint with the EEOC or NYSDHR: If HR fails to act, you can file a charge with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights (NYSDHR). These agencies investigate workplace discrimination and harassment complaints.
  • Pursue Legal Action: If the harassment continues or remains unresolved, you may need to file a lawsuit against your employer and the perpetrator. A lawyer can guide you through this process and fight for the compensation you deserve.

We’re Here to Support You, Reach Out Today

At Mizrahi Kroub LLP, we understand how isolating and overwhelming workplace sexual harassment can feel, especially when HR fails to take your concerns seriously. That’s why we’re committed to advocating for victims like you. We’ll work tirelessly to protect your rights, hold responsible parties accountable, and help you seek justice. We’ll listen to your story, explain your legal options, and help you take the first step toward justice.

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