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 damages 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 in 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 304-841-0037or 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.

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.

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.