Employment Lawyers in Charleston, West Virginia

Sexual harassment is widespread in workplaces throughout the United States. While sexual harassment exists in all industries, it is most prevalent in the restaurant industry. 71% of women who worked in a restaurant have been sexually harassed on at least one occasion. Moreover, 98% of all women in the survey reported at least one incident of retaliation following their report of sexual harassment, according to a report published by One Fair Wage in March 2021.

If you are facing sexual harassment, you are not alone. Here are seven key points you should know:

#1 – You Have a Right to a Workplace Free of Sexual Harassment.

Sexual harassment is never something that is “part of the job.” It is illegal under West Virginia and federal law to sexually harass employees in the workplace. The West Virginia Human Rights Act (“WVHRA”) and Title VII of the Civil Rights Act of 1964 protect you from unwanted sexual harassment in the workplace. To fall under these Acts, your employer must have a certain number of employees. The WVHRA requires twelve or more employees in West Virginia for twenty or more calendar weeks in the year the sexual harassment occurred, while Title VII requires 15 or more employees. In the event your employer does not reach these thresholds for employees, the substantial public policy of West Virginia may provide you protection.

#2 – Types of Sexual Harassment.

There are two types of sexual harassment:

1. Quid pro quo 
2. Sexual harassment hostile work environment

Quid pro quo is a Latin phrase that means “this for that.” This type of sexual harassment occurs when a supervisor or employee conditions an employee’s hiring, pay, benefits, or continued employment on the employee’s consent to participate in sexual acts. A classic example of quid pro quo sexual harassment is when a supervisor promises a promotion or favorable job conditions in exchange for sex. On the other hand, sexual harassment hostile work environment occurs in various forms such as unwanted sexual advances, touching, inappropriate jokes, intimidation, retaliation, or an employer failing to take prompt action after a report of sexual harassment.

#3 – Sexual Harassment Is More Than Inappropriate Touching.

Inappropriate touching is a common form of sexual harassment. The West Virginia Code of State Rules broadly defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature intended to interfere with an individual’s work performance or create an intimidating, hostile, or offensive work environment. As you can see, sexual harassment encompasses so much more than just touching. Sexual harassment includes unwanted sexual advances, inappropriate jokes, sending offensive text messages, displaying pornography, violating personal space, “testing the waters” for sex, or asking about your private sex life. Sexual harassment can also exist when you are subjected to an intimidating work environment because you are female. 

#4 – The Harassment Does Not Have to Be Directed at You.

A sexually hostile work environment is not confined to the target of sexual harassment. Indirectly witnessing sexual harassment or experiencing a workplace culture that tolerates sexual harassment can be just as devastating as directly experiencing the harassment. This is commonly referred to as “ambient” sexual harassment or “secondhand smoke.” The WVHRA and Title VII provide protection for indirect sexual harassment.

#5 – Psychological Effects of Sexual Harassment.

The emotional and psychological effects of sexual harassment can have lasting consequences. Survivors of sexual harassment can experience nightmares, anxiety, depression, loss of self-esteem, withdrawal, horror, fear, helplessness, and avoidance. Many survivors of sexual harassment develop post-traumatic stress disorder (“PTSD”). The Diagnostic and Statistical Manual of Mental Disorders [DSM-V] associates PTSD with experiencing a traumatic event like sexual harassment. There are damages available under the WVHRA and Title VII for emotional distress related to sexual harassment. At Bailess Law Firm, we believe the psychological and emotional effects of sexual harassment may be the greatest damage our clients experience.

#6 – Report Sexual Harassment Immediately. 

Reporting sexual harassment triggers the employer’s duty to act. If a co-worker or customer is sexually harassing you, you should immediately report the harassment to a supervisor or human resources. On the other hand, if your supervisor or an owner is the source of the harassment, you can report the sexual harassment to another supervisor, owner, or human resources. Alternatively, some companies have a hotline you can call to report the harassment. When a supervisor engages in sexual harassment, his or her conduct can automatically make the employer liable. Under the WVHRA, an employer is responsible for the acts of its supervisors performed within the scope of their employment. Supervisors can also be found liable under the WVHRA for failing to take prompt and corrective action against co-workers who knowingly engage in sexual harassment.

#7 – Damages Available for Sexual Harassment

Employers who violate sexual harassment laws may be on the hook for your lost wages, emotional distress damages, and punitive damages pursuant to the WVHRA. Keep in mind, punitive damages are designed to punish and deter your employer from engaging in future acts of sexual harassment. Additionally, your employer may also have to pay for the time and costs your attorney incurs in the case.

Our team at Bailess Law Firm has proudly represented many survivors of sexual harassment. We recognize firsthand the courage it takes to come forward about sexual harassment. Our team is committed to preventing sexual harassment in the workplace. We will listen to you without judgment in a pressure-free environment. Whether you would like more information, want to take action against your employer, or just want to talk, please contact us for a free consultation at 304-841-0037 or complete our contact form and download our book It's Not Your Fault: How to Fight Back Against Sexual Harassment in the Workplace for more information.

If sexual harassment at work has turned your shifts into waking nightmares and HR took no steps to resolve the issue (or you were too afraid to report it), it's likely time to hire an employment attorney to help you fight back against this insidious, illegal, and all-too-common form of discrimination. Unfortunately, no matter how bad the harassment's gotten or how hostile the working environment has become, you may be reluctant to contact an attorney. This could be for any number of reasons but, in our experience, it's often due to concerns about the high cost of legal counsel. Don't let this misconception deter you from seeking the damages—and the justice—you deserve. Here's what you need to know.

Let Us Help You Level the Playing Field

Employers who are engaging in, or turning a blind eye to, workplace sexual harassment work hard to make you think that they have the power—and the financial resources—and you don't. Hiring an attorney to represent you not only levels the legal playing field between you and your employer, it can actually maximize the value of your case. Best of all, it costs you absolutely nothing.

At Bailess Law Firm, our caring and capable team of West Virginia employment attorneys help clients navigate the complex litigation process. We know you've been through a lot, which can make it difficult to know who to trust. We're mindful of these concerns, which is why values like integrity, honesty, transparency, and discretion are key pillars of our practice. At every point, we want you to feel confident in our counsel.

On-the-Job Sexual Harassment Comes in Many Forms

Survivors often doubt and minimize their experiences with workplace sexual harassment. Clients sometimes come to us concerned that they're "making something out of nothing." Rest assured, in our many years of practice, that's rarely if ever, been the case. Far more often, these survivors have fallen for the misconception that if their employer didn't offer them something in exchange for sex, or threaten to fire them if they didn't comply with sexual demands, they didn't experience "true" sexual harassment. Let's lay this myth to rest once and for all. Not all harassment is "quid pro quo" harassment. In fact, hostile work environment harassment, which involves a barrage of unwanted sexual jokes, comments, and other actions that make the workplace offensive or intimidating, is much more common.

The "Cost" of Sexual Harassment in the Workplace

Don't take for granted the effects that being targeted for continual sexual harassment can have on you as a survivor. From interfering with your job performance to inflicting lasting emotional distress, on-the-job sexual harassment inflicts real harm. We can help you hold your employer accountable.

We Assume the Expense and Risk of Litigation, So You Pay Nothing—Ever

If we accept your workplace sexual harassment case, we front all costs of litigation and assume the associated risk. You pay nothing out of pocket. Ever. No matter what. 

Who Pays Our Fee If We Win Your Case: Understanding Fee-Shifter Agreements

You might find yourself worrying that nothing comes for free—especially legal representation—and that someone will inevitably have to pay us for our legal services at some point. That's true, but you never have to pay anything out of pocket.  We do not get paid unless you recover damages from your case.

Talk to Us About Your Workplace Sexual Harassment Case

Contact Bailess Law Firm to schedule an appointment for a free initial case review. We'll help you understand your legal rights and options, and determine whether your case and our firm are a good match. Don't wait—contact us today.

Unfortunately, it's possible. West Virginia law does not require employers to provide employees with sick leave benefits of any kind. Because of at-will employment laws, employers in the Mountain State can fire workers at any time, for any reason—or even no reason at all.

However, there are some exceptions. For example, the firing can't be done in retaliation for an employee engaging in a protected activity—such as reporting sexual harassment, hostile work environment, or safety issues—or violate other anti-discrimination laws. Also, when employers choose to provide workers with sick leave benefits, they're required to abide by the terms established in the company policy or employment contract. In some cases, the Federal Family and Medical Leave Act (FMLA) may provide some protection.

Were you fired for taking time off when you were injured or ill? Depending on the circumstances, you may be entitled to damages. Here's what you should know about West Virginia workplace retaliation cases, including how the exceptional employment attorneys at Bailess Law Firm can help you understand your rights and explore your options for taking legal action.

Recognizing Retaliation: When it Isn't Really About Sick Leave

While an employer may be able to fire you for calling out sick if you don't have any kind of sick leave benefits, there are times when that kind of harsh employment decision is motivated by more than just an unexcused absence. Consider the timing. Did your termination for an injury or illness-related work absence happen after you:

• Reported sexual harassment or a hostile work environment
• Reported other types of illegal employment discrimination
• Reported unsafe practices or safety violations
• Participated in an investigation of workplace sexual harassment, safety violations, or other unlawful discrimination
• Filed a claim alleging discrimination?

If so, you should also examine the way you were treated before being fired. Were you:

• Demoted
• Transferred to a less desirable position, schedule, or location
• Scheduled to work with someone you reported for sexual harassment or discrimination
• Denied a promotion or pay raise
• Subjected to verbal or physical abuse
• Targeted for increased scrutiny
• Given an unfairly negative performance review

What you experienced might be workplace retaliation. Talking to a seasoned employment attorney is the best way to determine if you have grounds to move forward with a claim or lawsuit.

A Quick Word About the Federal Family and Medical Leave Act (FMLA)

You may have heard that the FMLA allows workers to take unpaid leave for medical or family reasons without losing their jobs. However, the truth is a lot more complicated. The FMLA only applies to private-sector employers that employ 50 or more people—and to be protected by the law, you must have worked for your employer for at least a year and for a minimum number of hours. The law also specifies the situations in which FMLA leave can be used. Talk to one of our attorneys to find out whether this law applies to your case.

What You Could Recover and What You Have to Prove in a West Virginia Employment Retaliation Case

Potential damages in an employment retaliation case are wide-ranging and may include lost pay and emotional distress. In order to secure fair damages, you and your attorney will have to prove that:

• You experienced (or witnessed) illegal harassment or discrimination
• You engaged in a protected activity (such as reporting harassment)
• Your employer responded with a negative employment action (firing you)
• You suffered damages as a result

Ready to find out how the caring and capable legal team with Bailess Law Firm can help you hold your employer accountable for retaliation?

Schedule a Complimentary Case Review

Contact us today to request a free, no-obligation review of your case.