HR is ignoring my hostile work environment complaint - what evidence do I need?

I work at a tech startup (about 60 employees) and have been dealing with harassment from my manager for 6 months. It started with inappropriate comments about my appearance, then escalated to him making sexual jokes in front of the team, touching my shoulder/back during meetings, and sending me messages outside work hours that are definitely not appropriate.

I reported to HR 3 weeks ago via email with specific examples. They said they'd "look into it" and assigned me to work from home temporarily. But nothing has happened since - he's still my manager, still in his role, and now I'm worried this WFH thing is actually retaliation to keep me quiet.

I've been documenting everything in a Google doc but not sure if I have enough for a legal claim. What evidence do I actually need to prove hostile work environment? Should I go straight to a lawyer or give HR more time?

Employment attorney here. First - I'm sorry you're dealing with this. What you've described potentially meets the legal standard for hostile work environment based on sex/gender.

Key documentation you need:

• Timeline of incidents with dates, times, locations, exact words/actions
• Names of any witnesses present during incidents
• Screenshots/copies of inappropriate messages
• Your written HR complaint (you have this - good!)
• All responses from HR, including the WFH directive
• Any changes to your role, assignments, or performance reviews after reporting

What you should do NOW:

1. Send HR a follow-up email (paper trail!) asking for status update on your complaint and investigation timeline.

2. If they don't respond within 1 week, send another email escalating to CEO/legal counsel.

3. Consult an employment lawyer ASAP (most do free consultations). Don't wait - there are strict timelines for filing claims.

The WFH assignment could be protective OR retaliatory depending on context. Did you request it or did they impose it?

@EmploymentLawyer_Rachel They imposed the WFH, said it was "while we investigate" but gave no timeline. I didn't ask for it. My performance review is coming up next month and I'm terrified they'll use this as an excuse to rate me poorly or put me on a PIP.

I have screenshots of about 8 inappropriate text messages he sent (stuff like "you looked great today, thinking about you" and one where he sent a photo of himself at a bar asking if I wanted to join). I also have 2 coworkers who witnessed the shoulder touching and the inappropriate comments in team meetings.

Should I reach out to those coworkers and ask them to document what they saw? Or will that look like I'm trying to coordinate stories?

Former HR director here. That WFH directive is a red flag - it sounds like they're trying to separate you from the situation without actually addressing the manager's behavior. In a proper investigation:

• They should interview you within 2-3 days of complaint
• Interview the accused manager
• Interview witnesses you identified
• Complete investigation within 2-3 weeks max
• Take corrective action if harassment is substantiated

The fact that you're the one removed from the workplace while he continues as normal is concerning. That's often what companies do when they want to protect the manager rather than the complainant.

Re: witnesses - you can ask coworkers if they'd be willing to speak to HR if contacted. Don't ask them to write statements for you, just confirm they remember the incidents.

Those text messages are smoking gun evidence - especially if they came from his personal phone to yours outside work hours. Save them multiple ways (screenshots, backup to cloud, forward to personal email).

Do this TODAY:

Email HR: "I submitted a harassment complaint on [date]. It's been 3 weeks with no update on the investigation status or timeline. Please advise on next steps and expected completion date. I'm also concerned that my temporary WFH assignment may constitute retaliation as I did not request it and it impacts my ability to collaborate with my team."

This creates a paper trail showing: (1) you're following up appropriately, (2) you're concerned about retaliation, (3) HR is dragging their feet.

If they retaliate via performance review or PIP, that strengthens your case significantly. Document your work quality/output meticulously right now.

Went through almost identical situation at my last company. HR slow-walked the investigation for 2 months, then concluded "no policy violation occurred" despite multiple witnesses and messages. I ended up filing an EEOC complaint and they settled within 6 months.

My advice: Start looking for a new job NOW while pursuing legal action. Even if you "win," the work environment will never be the same. I got a good settlement but left the industry entirely because of the stress.

Also - don't resign before talking to a lawyer! That can hurt your case. If they force you out, make them terminate you or do a negotiated exit with severance.

Update: Sent the follow-up email to HR like @EmploymentLawyer_Rachel suggested. Got a response within 2 hours (interesting timing) saying they're "still gathering information" and will update me "soon." No specific timeline.

Also reached out to one of the coworkers who witnessed stuff. She said HR already contacted her last week but she hasn't heard back since. So they ARE investigating, just not keeping me informed.

Scheduled a consultation with an employment attorney for next week. Honestly feel like I'm being managed out and need to know my options.

Good that you're getting a lawyer. Also consider filing an EEOC charge even while the internal investigation is ongoing. The filing deadline is 180 days from the last incident in some states, 300 in others. You don't want to miss the window.

EEOC charge doesn't mean lawsuit - it just preserves your right to sue later. And sometimes companies take internal complaints more seriously when they know you've filed externally.

@TechWorkerJess - The fact that they're interviewing witnesses is good (means they're taking it somewhat seriously), but the lack of communication to you is not. The attorney consultation will be helpful.

Bring to the consultation:

• Your timeline/documentation
• Screenshots of messages
• All emails to/from HR
• Your employment contract/handbook
• Any performance reviews (especially recent ones showing you're a good employee)

Good luck. You're doing everything right by documenting and seeking legal advice early.

Final update: Met with the employment lawyer. She said I have a strong case for both hostile work environment and potential retaliation. She's sending a formal demand letter to the company on my behalf, which should force them to actually complete the investigation and take action.

Also filing an EEOC charge this week to preserve my rights. Lawyer is working on contingency so no upfront costs.

Manager still hasn't been disciplined as far as I know, but HR scheduled a call with me for Thursday to "discuss findings." We'll see. At least I have legal representation now.

Thanks everyone for the advice and support. This has been incredibly stressful but at least I know I'm not crazy and this behavior isn't okay.