Legal Action against Non-Response by Human Resource Department: What to Do?

When faced with a situation where your human resource (HR) department fails to respond to your complaints in writing, it is a critical matter to understand the next steps you can take. This article provides guidance on whether legal action can be taken and the proper remedies depending on the type of complaint.

Understanding the Types of Complaints

The first step to take when an HR department does not respond to your complaints is to understand the nature of the complaint. There are different kinds of complaints, each with specific legal implications. Let's explore whether legal action can be taken when the complaint is based on discrimination, serious safety related issues, or other forms of harassment.

Discrimination Claims

If the complaint is based on discrimination, which is covered under federal, state, and/or local laws, then legal action can indeed be taken. Discrimination can include race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information. Under the United States Equal Employment Opportunity Commission (EEOC) or state equivalents, you can begin the process of litigating against your employer. Consulting a lawyer is also recommended for proper guidance in such cases.

Hostile Work Environment and Other Issues

For specific issues such as a hostile work environment (sexual or otherwise), harassment, wrongful termination, breach of employment contract, and other related issues like suspect classification, discrimination based on race, sex, religion, national origin, or disability, HR is typically expected to respond to complaints.

If your HR department fails to respond to these types of complaints, the remedy is to pursue action on the underlying issue. For example, if the issue is wrongful termination or discrimination, you can file a claim with the EEOC or a similar state or local entity. However, if the complaint does not fall under the purview of any law, simply seeking other employment might be the appropriate remedy.

What to Do When HR Does Not Respond?

While HR departments are expected to respond to complaints in a timely manner, sometimes they do not. Here are some steps you can take:

Consult the EEOC or State/Local Anti-Discrimination Entity

If your complaint involves illegal discrimination, unlawful retaliation, or unlawful harassment, you should go to the EEOC or the relevant state/county/city anti-discrimination entity. These organizations can provide guidance on filing a formal complaint and can help you understand the legal actions you can take.

Contact Your Local Employment Commission

If the issue is about payroll and wage-related issues such as not paying overtime or paying below minimum wage, you should contact the local employment commission. These bodies have the authority to investigate and take action against employers who violate wage and hour laws.

Seek Employment Elsewhere

If the complaint does not fall under any legal framework, and your primary concern is the unprofessional behavior of your HR department, you may need to seek other employment. No company has a duty to respond to every complaint, and failure to respond is generally not an actionable offense unless there is underlying legal wrongdoing.

Conclusion

While HR departments are expected to handle complaints and legal matters with professionalism, they do not have a legal duty to do so. If faced with a non-responsive HR department, it is essential to understand the nature of your complaint and take appropriate action based on its legal implications.

For specific legal advice, it is always best to consult with a legal professional. If you believe your rights have been violated, taking the necessary legal action can provide the protection and justice you deserve.