Sexual Harassment Attorney in Charleston, WV

What West Virginia Law Actually Prohibits

Title VII applies to employers with 15 or more employees. The West Virginia Human Rights Act extends coverage further: W. Va. Code §5-11-3(d) defines a covered "employer" as any person employing 12 or more workers within the state, and §5-11-9(1) makes it unlawful to discriminate against an employee in the terms, conditions, or privileges of employment based on sex.

The employee count gap matters less than most firms let on. In Williamson v. Greene, 200 W.Va. 421, 490 S.E.2d 23 (1997), the West Virginia Supreme Court of Appeals held that a worker excluded from the Human Rights Act's coverage because their employer falls below the 12-employee threshold can still bring a common law retaliatory discharge claim, because sex discrimination and sexual harassment violate the public policy the Act articulates.

The court had already established, in Westmoreland Coal Co. v. West Virginia Human Rights Commission, 382 S.E.2d 562 (W. Va. 1989), that sexual harassment is itself a form of sex discrimination actionable directly under the Human Rights Act.

Recognizing Workplace Sexual Harassment

On-the-job sexual harassment generally falls into one of two categories, and the proof each requires is different.

Quid Pro Quo Harassment

Quid pro quo harassment, covered in more detail on our quid pro quo harassment page, ties a job benefit, a raise, a promotion, or continued employment, to an employee's willingness to accept sexual advances or provide sexual favors. A single incident can qualify if it costs the employee that benefit.

Hostile Work Environment

A hostile work environment claim requires unwelcome conduct based on sex that is severe or pervasive enough to alter the conditions of employment, the standard the U.S. Supreme Court set in Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986), and one the West Virginia Supreme Court of Appeals applied to a same-gender harassment claim in Willis v. Wal-Mart Stores, Inc., 504 S.E.2d 648 (W. Va. 1998).

Recognized conduct includes crude jokes, sexual innuendo, comments on a person's body, requests for sexual favors, circulated explicit images or messages, unwanted touching, and gender-based policies that treat employees differently based on sex.

Filing Deadlines That Control Your Case

Two separate clocks run at once, and missing either can end a claim before it starts.

• EEOC charge: 300 days from the incident, under the deferral arrangement between the EEOC and the West Virginia Human Rights Commission.
• WVHRC complaint: 365 days from the most recent discriminatory act, under W. Va. Code §5-11-10.
• Civil lawsuit under the Human Rights Act: up to two years, generally after the administrative complaint process has run.

Evidence That Strengthens a Sexual Harassment Claim

Building a strong claim starts with the right record.

• Written documentation of each incident: dates, times, locations, and people involved.
• Communication records, including texts, emails, and any reports made to HR or a supervisor.
• Witness statements from coworkers who observed the conduct.
• Physical evidence, such as inappropriate photographs, notes, or gifts connected to the harassment.
• Company policy and training records showing the employer's obligations.
• Medical or counseling records if the harassment affected physical or mental health.
• Performance evaluations and disciplinary records showing standing as an employee.
• Copies of any EEOC or WVHRC complaint filings and agency responses.

What Compensation Covers

Depending on the facts of the case, compensation may cover:

• Lost wages, tips, commissions, and bonuses
• Lost employment benefits, including health coverage, retirement, and paid time off
• Medical or psychological counseling expenses connected to the harassment
• Emotional distress, embarrassment, and loss of dignity

A judge or jury may also award punitive damages in cases involving reckless or intentional conduct. Bailess Law Firm prepares every case for trial and does not shy away from litigation when that is what a case requires.

Retaliation and Constructive Discharge

Retaliation for reporting harassment, termination, demotion, pay cuts, schedule changes, or being assigned to work alongside the harasser, is independently illegal under both Title VII and the West Virginia Human Rights Act. See our page on workplace retaliation claims for how that proof differs from the underlying harassment claim.

When working conditions become so intolerable that resignation is the only reasonable option, West Virginia law can treat that resignation as a constructive discharge, actionable the same as an outright firing, provided the filing deadlines above are met.

Why Charleston Workers Choose Bailess Law Firm

Bailess Law Firm has represented West Virginia employees since 2006, with attorneys handling matters in the U.S. District Court for the Southern District of West Virginia and the Circuit Court of Kanawha County. The firm has recovered more than $1.5 million in a single workplace sexual harassment case and $1 million for female employees subjected to relentless supervisor harassment.

Sexual harassment claims often overlap with broader sex discrimination claims when the conduct affects hiring, promotion, or termination decisions. Bailess Law Firm works on contingency: no fee unless the firm recovers compensation.

Our sexual harassment attorneys in Charleston, WV can listen without judgment and help you understand your legal rights and options. To request a consultation, contact us online or call (304) 841-0037 today.

Sexual Harassment FAQs

What Qualifies as Sexual Harassment Under the Law?

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that interferes with work performance or creates a hostile environment.

What steps should I take if I’m being harassed at work?

• Document incidents with dates, times, and details.
• Report the harassment to your supervisor or HR department following your company’s policies.
• Consult a lawyer to make sure your rights are protected and to understand your next steps.

Can I File a Claim If I Didn’t Report the Harassment to My Employer?

While internal reporting is often required, exceptions exist, such as when reporting could lead to retaliation. Consulting an attorney can clarify your options.

How Long Do I Have to File a Sexual Harassment Claim?

• EEOC claims must generally be filed within 300 days of the incident.
• West Virginia Human Rights Commission complaints must be filed within 365 days of the most recent act of discrimination.
• Under West Virginia law, you may have up to two years to file a civil lawsuit.

Can I Sue My Employer If They Retaliate Against Me?

Yes. Retaliation for reporting harassment is illegal, and you can file a separate claim if your employer takes adverse action against you.

What If I Felt Forced to Quit Because of the Harassment?

If workplace conditions became so intolerable that you felt compelled to resign, that may qualify as constructive discharge and could be treated as an unlawful termination. A claim may still be possible, provided the applicable filing deadlines are met. Consulting a sexual harassment attorney in Charleston can help you understand your options.

How Much Does It Cost to Hire a Sexual Harassment Lawyer?

At Bailess Law Firm PLLC, we work on a contingency fee basis, meaning you don’t pay unless we recover compensation for you.