What Do I Do If My Employer Ignores My Harassment Claim In California?
Harassment is a serious problem in many workplaces across California and other states. If you become a victim of harassment at work, the first step is always to report harassment in writing to your:
- Human Resources (HR) department
HR departments must have protocols for handling harassment claims. Typically, an HR department will investigate the alleged incident of harassment and take reasonable measures to prevent similar incidents in the workplace.
In most cases, reporting harassment to your employer or HR department will put an end to the problem. Sometimes, however, employers do ignore harassment claims filed by their employees.
If your employer fails to take reasonable measures to maintain a workplace free of harassment, do not hesitate to contact a skilled lawyer to protect your rights and take all necessary steps to stop harassment at work.
Filing a Claim with the Equal Employment Opportunity Commission (EEOC)
If your employer fails to respond to your harassment claim or take appropriate steps to stop harassment at work, you may need to consider filing a claim with the EEOC.
The EEOC takes all harassment and discrimination claims seriously, especially if a harassed or discriminated worker alleges that their employer ignored their claim.
Your employer may face serious penalties for their failure to take reasonable measures to stop harassment in the workplace.
How to File a Claim with the EEOC
If your employer ignores your harassment claim or fails to maintain a harassment-free workplace, take the following steps to file a claim with the EEOC:
- Complete a Charge of Harassment. You can visit the EEOC’s website to file a Charge of Harassment. Your filing should contain as much information as possible.
- Attend the EEOC interview. Once the EEOC reviews your Charge of Harassment, it will set up a date for an interview. During the EEOC interview, you will be asked about your harassment claim, including the details of your employer’s response to your claim (if any).
- Attend mediation. After the EEOC investigates your issue, it may suggest that you try mediation to resolve your dispute with your employer out of court.
- Submit a Request for a Notice of Right to Sue your employer. If no agreement is reached through mediation, you will be able to Request a Notice of Right to Sue from the EEOC.
- File a lawsuit against your employer. Once the EEOC approves your request to sue your employer, you can proceed with filing a lawsuit. Suing your employer may be necessary to stop harassment if your employer ignores your harassment claims and the EEOC is not able to help you resolve your dispute.
If you successfully obtain a Notice of Right to Sue an employer from the EEOC, you will have a right to file a lawsuit against your employer. When bringing a lawsuit against your employer, it is advisable to consult with a knowledgeable lawyer to protect your rights and help you hold your employer accountable for failure to take appropriate measures to stop the harassment.
Schedule a case review with our Los Angeles harassment lawyers at Obagi Law Group P.C. to discuss your case. Our attorneys will help you understand your options. Call 424-284-2401 to get a consultation.