What to Do if HR Ignores Your Sexual Harassment Complaint

Filing a sexual harassment complaint with your company’s Human Resources (HR) department is supposed to trigger an internal investigation and corrective action. But what happens if HR ignores your complaint, refuses to act, or even retaliates against you? Unfortunately, many employees find themselves in this situation, wondering what legal options they have.

If you’ve reported sexual harassment and HR isn’t taking it seriously, you do not have to accept inaction. Here’s what you can do to protect yourself and escalate your case.

Step 1: Follow Up with HR in Writing

If you reported harassment verbally or through an informal channel, document your complaint in writing. Send an email summarizing:

What happened (specific details, including dates and times)
Who was involved (harasser’s name and job title)
How it has affected you (hostile work environment, emotional distress, job performance)
What response, if any, HR has given so far
Your request for a follow-up investigation and action

If HR has ignored your complaint for more than two weeks, send a formal follow-up requesting a written response within a specific timeframe (e.g., five business days). Keep a copy of all emails as evidence.

Step 2: Document Everything

If HR is ignoring your complaint or mishandling it, thorough documentation will be crucial for any legal claim. Keep records of:

Your original complaint (emails, written statements, or HR forms)
HR’s lack of response or dismissive answers
Any additional harassment you face after reporting
Any retaliation (demotion, exclusion from meetings, unfair discipline, termination)

The more detailed your records, the stronger your case will be if you need to file a claim with a government agency or take legal action.

Step 3: Report the Issue to a Higher Authority

If HR is not taking your complaint seriously, you may need to escalate the issue. Consider:

Contacting a senior executive (if your company has an ethics office, general counsel, or ombudsman, you may be able to report the issue to them)
Reviewing your employee handbook (some companies have formal appeal procedures for HR decisions)

If HR is actively covering up the harassment, ignoring multiple reports, or retaliating against you, it may be time to file a formal complaint outside of your company.

Step 4: File a Complaint with a Government Agency

If your company refuses to act, you can file a legal complaint with a government agency that enforces sexual harassment laws.

Option 1: Illinois Department of Human Rights (IDHR)

Deadline: You must file your complaint within 300 days of the most recent harassment.
Process: IDHR will investigate the claim, interview witnesses, and review company policies. If they find evidence of harassment, you can proceed to a hearing or file a lawsuit in state court.

Option 2: Equal Employment Opportunity Commission (EEOC)

Covers: Employers with 15 or more employees under federal law.
Deadline: File within 300 days of the last harassment incident.
Outcome: If the EEOC finds violations, they may mediate a resolution, pursue legal action, or issue a right-to-sue letter allowing you to take the case to federal court.

Option 3: Chicago Commission on Human Relations (CCHR)

Covers: Harassment that occurs within Chicago city limits under local anti-discrimination laws.
Deadline: Complaints must be filed within 180 days of the harassment.
Outcome: If CCHR finds a violation, they can order compensation, job reinstatement, or policy changes.

Step 5: Consider Legal Action

If HR ignores your complaint, fails to investigate, or retaliates against you, you may have a strong legal claim for damages. A lawsuit can help you recover:

Lost wages (if you were fired, demoted, or forced to quit)
Compensation for emotional distress caused by the harassment
Punitive damages (if the company acted with extreme negligence)
Attorney’s fees and legal costs

Taking legal action can also force policy changes that protect other employees from future harassment.

Why Legal Representation Matters

Sexual harassment cases can be difficult to prove, especially if HR failed to document your complaint or dismissed it without a real investigation. A lawyer can:

Advise you on the best agency to file your complaint with (IDHR, EEOC, or CCHR)
Help gather evidence and draft a strong legal complaint
Negotiate a settlement with your employer before going to court
Represent you in hearings or lawsuits to maximize your compensation

If HR ignores your sexual harassment complaint, you do not have to accept silence. You have legal rights, and there are clear steps you can take to protect yourself and hold your employer accountable.

Justice Legal Counsel Can Help

At Justice Legal Counsel, we help employees in Chicago and Illinois fight back when their HR department fails to act on sexual harassment complaints. If HR has ignored your report, refused to investigate, or retaliated against you, we can help you take the next legal steps.