What to Do if HR Ignores Your Discrimination Complaint

By Eugene Bruno on June 5, 2025

In a perfect world, every workplace would be a fair, inclusive, and respectful environment. Unfortunately, the reality for many employees is far different.

If you’ve faced discrimination at work—whether due to race, gender, age, disability, religion, sexual orientation, or another protected characteristic—and HR has ignored your complaint, you are not alone. But you are also not without options.

California employees have powerful legal protections under the Fair Employment and Housing Act (FEHA) and federal laws like Title VII of the Civil Rights Act of 1964.

So if you’re wondering what to do if HR has ignored your discrimination complaint, this guide can walk you through your rights and next steps.

Step 1: Start Documenting Everything

If HR is not responding to your discrimination complaint, your first priority should be documenting all related incidents and interactions. Documentation can be key evidence if you later decide to file a complaint with the EEOC or California’s Department of Fair Employment and Housing (DFEH).

This includes:

• Dates, times, and descriptions of discriminatory acts
• Names of those involved or who witnessed the incidents
• Any communications with HR, supervisors, or coworkers about the issue

You also want to keep copies of emails, text messages, performance reviews, or notes that show a pattern of unfair treatment.

Step 2: Follow Internal Reporting Procedures Again

Even if HR initially failed to act, review your company’s employee handbook to confirm you’ve followed the proper process. Many companies have more than one channel for raising workplace concerns, such as:

• A direct report to a supervisor or manager
• An anonymous ethics hotline
• A compliance department

Escalating internally shows that you gave your employer a fair chance to fix the issue. This can be useful if you pursue legal action later on.

Step 3: Understand What Counts as Discrimination Under the Law

In California, workplace discrimination is illegal under both state and federal law. But not all unfair treatment qualifies legally as discrimination. For an employee to file a valid claim, the treatment must be based on a legally protected characteristic, such as:

• Race or color
• National origin
• Sex, gender, gender identity, or sexual orientation
• Religion
• Age (40 or older)
• Disability (physical or mental)
• Pregnancy
• Marital status
• Military or veteran status

These protections are enforced by state and federal agencies. If your complaint falls into one of these categories, ignoring it may expose your employer to legal consequences.

Step 4: File an External Complaint with the DFEH or EEOC

If your employer fails to address your complaint, your next step may be to involve a government agency. In California, you can file with either agency below. Filing starts a formal process that can lead to an investigation or legal clearance to sue your employer for discrimination.

California Civil Rights Department (formerly DFEH)

• Covers all violations under FEHA
• You must file within three years of the incident
• Offers options for mediation, investigation, or a “Right-to-Sue” notice

Equal Employment Opportunity Commission (EEOC)

• Covers violations of federal anti-discrimination laws, including Title VII
• Must file within 300 days of the incident in California

Step 5: Know Your Rights Against Retaliation

Many workers are afraid to speak up about discrimination out of fear of retaliation. Fortunately, both California and federal laws protect you from:

• Being fired, demoted, or denied promotions
• Having your hours reduced or being reassigned to undesirable tasks
• Harassment or hostility from supervisors or coworkers

If you’re experiencing retaliation after making a complaint or after filing with the DFEH or EEOC, that in itself could be grounds for legal action.

Step 6: Consult a San Diego Employment Attorney

If you’re unsure how to move forward or if your case involves multiple incidents or potential retaliation, it may be time to contact an attorney. A legal professional can:

• Help assess whether your situation qualifies as discrimination
• Guide you through filing with the DFEH or EEOC
• Help preserve timelines and avoid procedural pitfalls
• Represent you in negotiation, mediation, or litigation

Understanding how to sue your employer for discrimination starts with understanding the strength of your case. An experienced San Diego workplace discrimination attorney can give you honest advice and protect your rights every step of the way.

Key Deadlines to Remember

Discrimination cases are subject to strict filing timelines:

• DFEH: You must file within three years of the last discriminatory act
• EEOC: You have 300 days to file if you are in California

Failing to meet these deadlines could mean losing your right to take legal action. Don’t wait until it’s too late.

Take Action Before It’s Too Late

If your workplace has ignored your discrimination complaint, you don’t have to stay silent or endure mistreatment. California law is on your side, and there are clear steps you can take to protect your rights and pursue justice.

Whether you’re dealing with a hostile work environment, discriminatory hiring or firing, or retaliation after reporting mistreatment, you deserve to be heard.

Speak With a San Diego Workplace Discrimination Attorney Today

Let’s make sure your voice gets heard. At Eugene Bruno & Associates, we believe no one should have to suffer in silence at work. With more than 85 years of combined experience, our team is committed to protecting employees and holding employers accountable.

Call a San Diego employment law lawyer today at 1-888-BRUNO-88 (1-888-278-6688) for a free consultation. We’ll listen to your story, explain your options, and help you take back control of your career and dignity.