Workplace Sexual Harassment Attorney in Charleston, WV

What Is Sexual Harassment?

On-the-job sexual harassment can take many forms. One of the most common is quid pro quo harassment, which occurs when job security or employment benefits such as raises or promotions are made contingent on an employee’s willingness to accept sexual advances or provide sexual favors. Even a single incident can constitute quid pro quo harassment if it results in the loss of a job benefit. It’s a blatant violation of your employment rights, prohibited by both state and federal law.

But workplace sexual harassment involves far more than threats or bribes. Often it’s a relentless pattern of inappropriate jokes and innuendos that continues even after the employee has asked it to stop, making the workplace feel uncomfortable or unsafe. Hostile work environment harassment isn’t just offensive; it’s a form of employment discrimination and it’s against the law.

Examples of Sexual Harassment

Sexually harassing behavior includes a wide range of unwanted physical contact and suggestive verbal actions, such as:

• Crude jokes
• Sexual innuendos
• Lewd remarks
• Commenting on a person’s body
• Sexual advances
• Requests for sexual favors
• Circulating sexually suggestive photos, cartoons, videos, or other material
• Sending or sharing inappropriate texts or emails
• Inappropriate touching or brushing up against others
• Using sexually suggestive, explicit, or offensive gender-related language
• Company policies that discriminate based on gender

If sexual harassment is affecting your performance and making your job an intimidating, offensive, or hostile place to work, we can help.

Your Rights Under the Law

Workers in Charleston, WV are protected by both state and federal law. Title VII of the Civil Rights Act of 1964 prohibits sexual harassment and retaliation in workplaces with 15 or more employees. The West Virginia Human Rights Act extends those protections to employers with as few as 12 employees.

Importantly, the West Virginia Supreme Court of Appeals has held that sexual harassment violates public policy regardless of the number of employees, meaning workers at even very small businesses may have legal recourse. Employees can also file complaints with both the West Virginia Human Rights Commission (WVHRC) and the EEOC without having to choose between state and federal remedies.

Steps to Take When Facing Sexual Harassment at Work

If you’re experiencing sexual harassment at work, taking action early can make a real difference. Here are steps worth considering:

• Speak up: If you feel safe doing so, tell the harasser directly that their behavior is unwelcome and must stop.
• Document incidents: Keep a detailed record of each incident, including dates, times, locations, people involved, and any witnesses. This record can become important evidence.
• Review company policies: Familiarize yourself with your employer’s sexual harassment reporting process and available resources for addressing the issue.
• Report to HR or management: Notify your human resources department or a trusted supervisor, provide your documentation, and follow your company’s reporting procedures. Retain copies of all communications and any responses you receive.
• Seek support: Lean on friends, family, or trusted colleagues for emotional support. Professional organizations and hotlines specializing in workplace harassment can also help.
• Consult a sexual harassment attorney: If the harassment continues or you face retaliation after reporting, speaking with an attorney is essential. EEOC and WVHRC filing deadlines are firm, and delays can put your right to pursue a claim at risk.

Every situation is different. Throughout this process, your safety and well-being come first.

What Proof Do I Need in a Sexual Harassment Case?

Building a strong claim starts with the right evidence. Here are the key types of evidence that can support your case:

• Documentation: A detailed written record of each incident, including dates, times, locations, and the individuals involved, establishes a clear timeline and helps demonstrate a pattern of behavior.
• Communication records: Emails, text messages, and other written communications containing inappropriate content can be powerful proof. Keep copies of any reports you made to HR or supervisors, along with their responses.
• Witness testimony: Coworkers or others who observed the harassment can offer statements that corroborate your account. Collect contact information for potential witnesses early.
• Physical evidence: Inappropriate photographs, gifts, or other items connected to the harassment should be preserved.
• Company policies and training records: Employer policy documents and training records can show that the company had clear obligations it failed to meet.
• Medical and counseling records: If the harassment affected your mental or physical health, these records can demonstrate the extent of the harm you suffered.
• Employment records: Performance evaluations, disciplinary actions, and complaint documentation can establish your standing as an employee and show the impact the harassment had on your career.
• Formal complaint filings: Copies of any EEOC or WVHRC complaint filings and agency responses demonstrate that you took formal steps to address the situation.

How Our Sexual Harassment Attorneys Can Help

You have the right to a safe workplace free of sexual harassment and gender-based discrimination. When employers, supervisors, managers, coworkers, or others violate that right, our employment law attorneys can help you hold them accountable. We’ve been representing employees since 2006, have handled hundreds of cases, and have recovered millions in settlements for West Virginia workers. Our team can assist with documenting evidence, filing complaints with the EEOC or WVHRC, and initiating legal proceedings in state or federal court.

Compensation We May Be Able to Help You Recover

Depending on the circumstances of your case, our sexual harassment lawyers may be able to help you recover compensation for:

• Lost wages, tips, commissions, and bonuses
• Lost employment benefits, such as health, pension, retirement, paid time off, stock options, or profit-sharing benefits
• Related medical or psychological counseling expenses
• Emotional distress
• Embarrassment
• Loss of dignity

In some cases, a judge or jury may also award punitive damages to punish reckless or intentional wrongdoing. We prepare every case for trial and won’t shy away from litigation when that’s what it takes to pursue the outcome you deserve.

Addressing Retaliation After Reporting Sexual Harassment

Many people who are sexually harassed at work hesitate to report it out of fear their harasser will retaliate. Don’t let that fear push you into silence. Retaliation for making a sexual harassment claim is illegal under both state and federal law, and if you’ve experienced it, we can work to help you recover damages.

Retaliation can take many forms: termination, demotion, pay cuts, scheduling changes, being assigned to work alongside the harasser, or an employer’s failure to investigate the complaint. West Virginia law includes anti-retaliation protections designed to encourage victims to come forward without fear of losing their jobs or facing other adverse employment consequences. A victim who experiences retaliation may file a separate legal claim in addition to the underlying harassment claim.

It’s also worth knowing that constructive discharge, when workplace conditions become so intolerable that an employee feels compelled to resign, can be treated as an unlawful termination. If you felt forced to leave your job because of harassment or its aftermath, a claim may still be possible, provided the applicable filing deadlines are met.

Why Choose Bailess Law Firm PLLC?

• Compassionate Advocacy: We understand the emotional toll of workplace harassment and provide empathetic, personalized support throughout your case.
• Experienced Representation: We’ve been fighting for employees’ rights since 2006 and have the skills to handle even the most complex harassment cases.
• Dedicated to Justice: Our Charleston sexual harassment attorneys are committed to holding employers accountable and pursuing the outcomes our clients deserve.
• Results-Driven: From the negotiation table to the courtroom, we fight to achieve the best possible resolution for your case.

Contact Our Charleston Sexual Harassment Attorney Today

You know when an employer or coworker has crossed the line. But if you’re like many of the clients we’ve worked with, you may find yourself wondering whether you’re being “silly” or making something out of nothing. You may worry that if you talk to an attorney about what happened, they’ll treat you that way too. Don’t let those doubts shake your confidence. Trust your instincts and reach out to discuss your situation.

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.