While taking the steps to file a complaint to HR might seem daunting, it is a crucial step to ensure that the harassment experienced does not happen to oneself or any other employee ever again, but what happens when the complaint is ignored or dismissed? Employers may often ignore cases of Sexual Assault because they are dealing with high-level supervisors or long-standing employees. Mishandled complaints can perpetuate a lot of harm in that they discourage employees from reporting harmful workplace behaviour that inhibits office productivity, perpetuate harm, and lead to emotional and physical distress for the victim.
There are many different reasons why sexual harassment complaints may be ignored; however, it is crucial to understand what to do when this happens to ensure that your voice is heard.
- Recognize the Signs of a Mishandled Complaint
When a complaint is not handled properly by HR or company supervisors, one should recognize the signs in order to proceed properly. These signs can include:
- No follow-up or investigation from HR or management: When complaints of sexual harassment are processed, they often lead to a company investigating the incident by temporarily separating the parties, assigning an investigator to gather evidence regarding the harassment, and following up with the victim and perpetrator on the findings. While this step can be tedious and time-consuming, it uncovers the scope of the harassment and allows for effective decisions regarding policy changes, employment, and next steps to ensure safety.
- Retaliation after reporting: If an employer or HR team is trying to ignore or prevent complaints regarding a sexual harassment case, they might retaliate against the employee who filed the complaint. Retaliation can take on many different forms, such as changes in scheduling, work projects, withholding vital information, and even termination.
- Minimization of your experience: All sexual harassment complaints should be handled with the utmost urgency and seriousness, regardless of circumstance. Employers may try to minimize the victim’s experience by using language like “it’s not serious enough” or “it was probably just an accident”; however, it is important to recognize when a complaint that has been filed is given its worthy attention, or simply being ignored.
- Lack of confidentiality or professionalism in the process: When an employee reports sexual harassment, there is the expectation that their case will be handled discreetly and fairly. A lack of confidentiality occurs when HR or management discloses sensitive details unnecessarily. This can look like sharing the complainant’s identity with unrelated coworkers, discussing the matter casually, or failing to protect private documentation. This can expose the complainant to gossip, retaliation, or humiliation, making others less likely to come forward in the future.
- Revisit Company Policies and Procedures
If a complaint is mishandled, one should refer back to the company’s policies regarding sexual harassment cases to understand one’s rights as an employee. These policies can be found in the employee handbook and reporting guidelines that are typically offered at the time of employment, or by request. These documents will allow the victim to identify whether the organization followed its own procedures and the victim’s own rights that are granted to them under the workplace harassment policies.
- Document Everything
If a company investigation does not occur in a timely and professional manner, the victim can keep their own detailed records of incidents and interactions. This will allow the victim to hold onto a strong account of details of the harassment to ensure that the company does not invalidate their complaint due to a lack of documentation. One can also take detailed accounts regarding the mistreatment of the complaint by the company. These forms of documentation can be anything from saving emails, messages, and notes from relevant meetings, timelines of when and how reports were made, to noting the time of harassment and any potential witnesses.
- Escalate Internally if Possible
If a complaint is not handled, there is an option to escalate internally if possible. This can look like contacting another HR representative, supervisor, or manager and re-filing the complaint or explaining the nature of how the complaint was mismanaged previously. If involving another representative is not possible or too uncomfortable, one can also request written updates on the status of the submitted complaint. This would allow the victim to gain important status updates regarding the timeline of the complaint, as well as uncover whether the complaint is being managed appropriately. Another option is to consider involving an employee resource group or ombuds office. Often, many companies will have a confidential resource group that can provide a safe space to hear out concerns, which can then be handled within the ombuds office by exploring different options to resolve the conflict, and even bring systemic concerns to heads of office to make way for company policy issues or uncover situations of harassment within the office walls. The purpose of the ombuds office is to maintain anonymity for the victim and provide a neutral, unbiased opinion on the nature of the concern.
- Explore External Avenues
If there is nothing more to do internally to make sure that a complaint is being handled efficiently and effectively, it may be time to explore external avenues. In cases of Sexual Harassment, one can bring the complaint to federal attention and is protected to do so under the Equal Employment Opportunity Commission, or the EEOC. This federal agency serves to protect employees from discrimination in the workplace, which includes sexual harassment. Filing a complaint creates an official record of the misconduct and starts a formal investigation process. This step must occur before reaching out to any law firm to represent the case.
In addition to federal agencies, many states have their own resources that can often provide broader protections than are found federally. In California, there is the DFEH- California’s Department of Fair Employment and Housing, also known as the Civil Rights Department, which works similarly to the EEOC but may be faster or handle claims differently. Exploring federal and state avenues ensures that attention is being brought to the complaint and that your case is being handled effectively and efficiently.
Once complaints are filed with the EEOC and/or the DFEH, one can then explore reaching out to legal counsel that specializes in employment law and sexual harassment law. Bringing your case to a law council will ensure that your case is handled to the fullest extent of the law, with a qualified attorney to answer any legal questions and properly represent you in court. Sexual harassment victims and sexual assault survivors in California can rely on the proven advocates at Makarem & Associates to assert their rights and empower them to move forward. Our Los Angeles sexual harassment lawyers represent employees who have been harassed or assaulted in the workplace.
- Protect Yourself from Retaliation and Prioritize Your Well-being
In any part of the process of filing a complaint to getting legal representation, it is crucial to protect yourself from retaliation and know exactly what forms of retaliation can look like. Retaliation is when an employer punishes an employee for speaking out against a form of discrimination or injustice within the workplace. This can look like demotions, exclusions, hostile treatment, withholding information, and even reduced pay. If retaliation is at play, one must document retaliatory actions immediately. Retaliation is itself unlawful, and companies or colleagues that are acting retaliatory are therefore breaking the law.
Sexual harassment cases can be extremely emotionally taxing, especially if they are not handled with the utmost care and attention. It is critical that victims and survivors prioritize their well-being when dealing with these cases. Seeking support from trusted colleagues, friends, or therapists can make a major difference in feeling less isolated and creating a strong community to fall back on. Remember, speaking up is a sign of strength and resilience. It ensures that you are protected under the law, and no one is put in the same position as you in the future.
No one should be subjected to sexual harassment in any setting, especially in Los Angeles, California. Sadly, being harassed or even assaulted while trying to earn a living is a reality for many women in Los Angeles and throughout California. Employees have the right to be heard and protected in both the workplace and under federal and state law.
When internal systems fail, sexual harassment victims and sexual assault survivors can trust the proven advocates at Makarem & Associates to assert their rights and empower them to move forward. Mishandled complaints do not erase the validity of the experience, nor the right for survivors and victims to seek protection and legal representation.
