Employment Lawyers in Charleston, West Virginia

Quid pro quo harassment is a form of illegal workplace discrimination. If you've been sexually propositioned at work, you may have heard the term “quid pro quo,” and wondered what it meant and whether it describes what you've experienced. Here's what you need to know about quid pro quo sexual harassment in West Virginia, including how our empathetic attorneys can help you recover damages if you've suffered this type of unlawful employment discrimination.

Defining Quid Pro Quo Harassment and Learning to Recognize it in the Workplace

Quid pro quo is a Latin phrase meaning “this for that,” “something for something,” or “a favor for a favor.” When used in a workplace setting, the term describes a particularly insidious type of sexual harassment in which a supervisor, manager, or business owner uses a worker's willingness—or unwillingness—to engage in sexual conduct as a basis for making decisions about their employment.

Quid pro quo harassment is what comes to mind for most people when thinking of on-the-job sexual harassment since it's the kind most commonly shown in pop culture. You may have seen this sort of harassment play out in popular movies like “Legally Blonde,” “Horrible Bosses” or “Disclosure.” Here are just a few examples of what it might look like in your workplace:

• An employer decides whether to hire, promote, or fire you based on your acceptance or rejection of sexual advances or requests for sexual favors
• A supervisor gives or promises raise, promotions, more favorable assignments or shifts, or other job-related opportunities in exchange for engaging in sexual acts
• A manager threatens to reduce your hours, move you to a less favorable shift or position, fire you, or do something else to negatively affect your job or income if you refuse or discontinue sexual contact
• An employer bases your performance review on whether you comply with their sexual demands, rather than how well you do your job

Think you've experienced quid pro quo sexual harassment in employment? You may be entitled to compensation for damages.

Legal Protections for Workers

Sexually intimidating and harassing employees isn't just morally or ethically wrong, it's against the law. Title VII of the Civil Rights Act of 1964 prohibits sex-based discrimination in employment, including sexual harassment, and applies to companies with 15 or more employees. The West Virginia Human Rights Act (WVHRA), which offers even broader protections, also prohibits employers from engaging in this type of illegal conduct. It applies to employers in the Mountain State with 12 or more workers.

We Can Help You Hold Your Employer Accountable for Sexual Harassment

Being subjected to quid pro quo harassment in the workplace can leave you feeling trapped and without options. Fortunately, that's not the case. You don't have to put up with poor treatment, give in to your boss's demands, or quit your job. At Bailess Law Firm, our caring and capable employment lawyers can help you file a claim to hold your employer accountable for their unlawful behavior. We'll work diligently to gather evidence to build a case that proves:

• You were applying for a position or were employed at the company in question
• You experienced unwanted sexual advances or requests for sexual favors
• The person who harassed you was in a position of authority over you
• Conditional job opportunities were based on your response to your harasser's sexual demands
• You suffered harm as a result of the harassment you experienced

If your claim is successful, you may be able to recover damages for lost wages, lost benefits, lost employment opportunities, and emotional distress—and even get your job back if you were fired.

Talk to Us About Your Case

Facing sexual harassment is challenging—and there's far too much at stake to go it alone. Contact us today to schedule an appointment for a complimentary initial consultation to discuss your experiences and how our team can assist you.

Being treated differently at work or threatened with termination after reporting harassment, discrimination, or safety issues? Retaliation may be to blame. While retaliating against workers is expressly prohibited, sadly, it isn't uncommon. According to the U.S. Equal Employment Opportunity Commission (EEOC), retaliation is involved in more than half of the roughly 70,000 complaints the agency receives each year.

Retaliation comes in many different forms in the workplace—and while some types may be glaringly obvious, the more subtle varieties are just as common and potentially even more dangerous. Here's what you should know about West Virginia employment retaliation cases, including how to recognize retaliatory actions and how our exceptional team of attorneys can help you hold your employer accountable.

Workplace Retaliation Is Against the Law

Federal EEOC laws, as well as the West Virginia Human Rights Act, prohibit employers from retaliating against workers for engaging in protected acts, such as:

• Rejecting unwanted sexual advances
• Reporting sexual harassment/hostile work environment
• Reporting unsafe working conditions
• Requesting accommodations for disability or pregnancy
• Reporting patient abuse
• Applying for workers' compensation benefits
• Reporting understaffing at a hospital or other medical facility
• And others

Recognizing On-the-Job Retaliation

While overt acts of retaliation—such as swiftly terminating an employee who had just reported harassment or discrimination—can and do happen, it's a lot more common for employers to engage in the type of subtle behavior that leaves you second-guessing yourself. Examples of workplace retaliation include:

• Demotions
• Assigning you less desirable shifts
• Scheduling you to work with your harasser
• Reduced hours
• Pay cuts
• Subjecting you to increased scrutiny
• Write-ups
• Suspensions
• Layoffs
• Denying you training or advancement opportunities
• Giving you poor performance reviews that are undeserved
• Excluding you from meetings, office functions, activities made available to other employees
• Making your job or position more difficult
• Failing to take prompt corrective action after a report of harassment or discrimination

These are just a few of the many actions that may be considered retaliatory. Not sure if the treatment you're experiencing qualifies? Our experienced employment attorneys can help.

What to Do If You're Facing Retaliation at Work

Working in an environment that's safe and free from harassment, discrimination, and retaliation is your legal right. Don't suffer in silence. If you're being harassed, discriminated or retaliated against, or subjected to a toxic working environment, report it.

• Facing retaliation from a fellow employee? Tell a supervisor or company owner, or report it to the human resources department.
• Facing retaliation from a supervisor or business owner? Report it to a different supervisor or company owner, the human resources department, or a company complaint hotline.

We Can Help You Hold Your Employer Accountable

Your employer is responsible for ensuring a safe workplace that's free of unlawful harassment, discrimination, and retaliation. Whether they're the source of the retaliation, or you're being retaliated against by someone else at your company, the highly skilled legal team with Bailess Law Firm can help you hold your employer accountable and recover the damages you deserve. Depending on the facts and evidence in your case, you may be able to collect damages for lost wages and benefits, emotional distress, and other losses. In rarer instances, judges and juries may award an additional kind of damages—known as punitive damages—to punish employers for particularly egregious conduct.

Talk to Us About Your West Virginia Employment Retaliation Case

Federal and West Virginia employment law is complex and complicated, and holding an employer accountable for unlawful conduct can be challenging. You need compassionate, caring, and capable attorneys to level the playing field and fight tirelessly on your behalf. Fortunately, you've come to the place. Download our book It's Not Your Fault: How to Fight Back Against Sexual Harassment in the Workplace and contact Bailess Law Firm today for a free initial review of your Mountain State employment retaliation claim.

Sexual harassment can leave targets feeling embarrassed, isolated, and powerless. When this type of harassment happens in the workplace, potentially threatening employment or income, affected workers can be even more unsure what they should do, or if they should do anything at all. Sound familiar?

If you're being sexually harassed on the job or subjected to a hostile work environment, you don't have to stay quiet and tolerate it. While the harasser may try to make you feel alone, or convince you that what you experienced wasn't a big deal, that you can't do anything about it, or that you won't be believed even if you do report their behavior, nothing could be further from the truth.

Sexual harassment is common, damaging, and—most importantly—illegal. Facing sexual harassment or a hostile work environment? Our exceptional team of employment attorneys can help you hold the responsible party accountable. Here's what you should know.

Providing Support For West Virginia Employment Sexual Harassment Survivors

At Bailess Law Firm, our caring and conscientious employment lawyers help workplace sexual harassment survivors protect their rights and recover damages for losses related to these experiences. Every single person in our office is committed to providing a safe space for survivors to tell their stories, and receive the high-quality legal services and support needed to hold their employer accountable.

We know you've been through a lot—and we're here to make the fight for justice as easy for you as possible. You can always count on us to believe you, listen without judgment, and serve as your fierce legal advocate throughout the litigation process. We're also sensitive to any concerns you may have about working with a male attorney, which is why we also have female attorneys and paralegals on staff to assist you.

Recognizing Employment Sexual Harassment

Workers who've faced harassment often worry that they won't be believed, especially if what they experienced doesn't necessarily match society's idea of sexual harassment. Usually, this is quid pro quo harassment in which a boss offers to promote—or threatens to fire—an employee depending on their willingness to submit to sexual contact.

However, this isn't the only type of sexual harassment that can occur in an employment setting. Employment sexual harassment claims involving hostile work environments are even more common. These claims are based on a pattern of persistent and unwanted physical conduct and suggestive verbal actions that affects a worker's performance and result in an intimidating or offensive workplace. Examples include crude jokes, sexual innuendos, lewd remarks, and circulation of suggestive material.

Is an employer or coworker's inappropriate conduct making your workplace uncomfortable, offensive, or unsafe? We may be able to help.

Building a Strong Case For Damages

Not being believed is a common fear among workers who've faced on-the-job sexual harassment. While people may have been less receptive to claims of sexual harassment in years past, the tide appears to be turning in favor of believing and supporting survivors.

Regardless, at Bailess Law Firm, we'll do what we've always done—which is work to build a strong case for damages for each of our clients. We'll investigate the harassment, gather essential evidence, talk to people who witnessed the inappropriate conduct or experienced something similar, interview experts, and more to support your claim and maximize its value.

What to Do If You're Facing Sexual Harassment at Work

Report the harassment to a supervisor, your employer, an owner, or the company HR department as soon as possible. If you're being harassed by a supervisor, employee, or owner, consult a knowledgeable and experienced employment attorney for advice.

Talk to Us About Your Sexual Harassment Claim

Find out how Bailess Law Firm can help you. Contact us today to schedule an appointment for an initial review of your employment sexual harassment or hostile work environment case.