If an employer refused to hire you for discriminatory reasons, or an employer discriminates against you, there may be no need to go to human resources before filing a discrimination complaint. However, depending on the type of discrimination or harassment involved, it may be necessary or recommended to direct a complaint to a supervisor or human resources office before filing a lawsuit. When workplace harassment involves a co-worker, or other non-supervisor, the employer may only be liable if the employer was negligent. This means that the employer must: Know or should have known that harassment was occurring; and the employer failed to take immediate and appropriate corrective action. Your harassment lawsuit will depend on whether the employer took proper measures to prevent harassment in the workplace and how the employer responded to complaints or signs of workplace harassment.