When you’re facing constant harassment or discriminatory behavior at work, the first place you’re typically told to turn is Human Resources. But what happens when HR fails to act—or worse, protects the company instead of addressing your concerns?
A hostile work environment can impact your mental health, job performance, and future career. Fortunately, California law provides protections for employees in these situations. Even if HR doesn’t take your report seriously, you can still build a strong legal case and pursue justice.
What Is a Hostile Work Environment?
A hostile work environment exists when severe or pervasive behavior makes your workplace intimidating, offensive, or abusive, especially if it is based on protected characteristics such as:
- Sex or gender
- Race or ethnicity
- Religion
- Disability
- Age
- Sexual orientation
- National origin
The conduct doesn’t have to come from a manager—it can come from coworkers, supervisors, clients, or even third-party vendors. What matters is whether the behavior is serious enough to create an environment that a reasonable person would consider hostile or abusive.
Examples of hostile work environment behavior:
- Repeated sexual jokes, innuendos, or comments
- Derogatory remarks based on race, gender, or religion
- Displaying offensive images or symbols
- Threats, intimidation, or bullying
- Retaliation for reporting discrimination or harassment
When HR Doesn’t Take Action
HR departments are supposed to be neutral, but in reality, they often prioritize protecting the company over the employee. If you’ve made a complaint to HR and they’ve dismissed, ignored, or failed to act on it, it doesn’t mean your experience isn’t valid or actionable.
Common signs HR has failed to intervene:
- Your complaint was never investigated
- The harasser remained in their position with no consequences
- You were discouraged from filing a formal report
- You experienced retaliation after making your complaint
- HR documented your complaint but took no follow-up action
When HR fails to resolve the issue, it may demonstrate that your employer knew about the problem and chose not to fix it, which can strengthen your legal case.
How to Prove a Hostile Work Environment
To support your claim, you need to gather as much evidence as possible showing that the behavior was serious, ongoing, and reported—but not resolved.
Key steps you can take:
- Document the harassment – Keep a detailed log with dates, times, locations, names of those involved, and descriptions of what happened.
- Save written communications – Emails, text messages, screenshots, and internal chat logs can all help prove patterns of behavior.
- Preserve HR interactions – Note who you spoke to, when, and how they responded. If possible, get a copy of your HR complaint or any written responses.
- Identify witnesses – Coworkers who saw or experienced similar behavior may be willing to speak up on your behalf.
- Continue performing your job – Showing that you maintained professionalism despite the harassment supports your credibility.
If the behavior or harassment is linked to a protected class, and your employer didn’t take effective steps to stop it, you may be able to file a legal claim for harassment, retaliation, or constructive discharge.
What Legal Remedies Are Available?
If you can prove your employer failed to address a hostile work environment, you may be entitled to:
- Compensation for emotional distress
- Back pay and front pay for lost income
- Punitive damages (in some cases)
- Reinstatement or job placement
- Coverage of your legal fees
Filing a claim with the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC) may be the first step, followed by a potential lawsuit with the help of an employment attorney.
Let PLBH Help You Stand Up for Your Rights
You don’t have to tolerate a toxic workplace—and you’re not alone if HR let you down. At PLBH, we help employees hold employers accountable for failing to stop harassment or discrimination. We’ll review your case, explain your options, and guide you every step of the way.
Call PLBH at (800) 435-7542 today for a confidential consultation. We’re ready to help you fight back against a hostile work environment and seek the justice you deserve.