Legal Question in Employment Law in California

The HR person you spoke to needs to go to sexual harassment training.

Any time an employee brings a credible complaint of inappropriate sexual behavior in the workplace, the employer has an obligation to investigate the complaint. This HR person should know this and he or she dropped the ball. Yes, an eye witness is evidence, further questioning the judgment of HR.

Depending on what level the HR person you spoke to is, you may wish to complain to a higher level manager. If you believe to do so would be fruitless, you can either file a complaint with the California Department of Fair Employment and Housing or consult with an employment lawyer to explore your options.

One hundred percent concur with Mr. Kirschbaum. Additionally, I would advise that you document your complaint and HR�s response in order to protect yourself in case the company retaliates against you for making a sexual harassment complaint. Basically, send an email to HR describing what happened (i.e. that a coworker informed you that the warehouse manager took unconsented pictures of your backside), HR�s response to your report, (i.e. that you went to HR and were told that without proof you have to let it go or be a casualty of the workplace), and what you want HR to do (i.e. investigate your complaint and take appropriate disciplinary action against the warehouse manager). Keep a copy of the email for yourself. It is against the law for the company to retaliate against you for making such a complaint. If the company does retaliate, however, your email provides proof that you complained of sexual harassment and that HR did not respond appropriately to your complaint.