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 types, known as Quid Pro Quo, occurs when it's stated or implied that job security or employment benefits (like raises or promotions) hinge on an employee's willingness to accept sexual advances or provide sexual favors. Prohibited by both state and federal law, Quid Pro Quo harassment is a blatant violation of your employment rights.

However, workplace sexual harassment involves so much more than just threats or bribes for sexual activity. Oftentimes, it's a constant barrage of inappropriate jokes and innuendos that continues even after the employee has expressly asked that it stop, resulting in a workplace that feels uncomfortable or unsafe. Hostile work environment sexual 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

Employees in Charleston, WV, are protected by both state and federal laws against workplace harassment:

Title VII of the Civil Rights Act of 1964

• Prohibits sexual harassment and retaliation in workplaces with 15 or more employees.

West Virginia Human Rights Act

• Expands protections to employees of businesses with as few as 12 employees and ensures broader workplace safeguards.

These laws protect employees from harassment, discrimination, and retaliation, holding employers accountable for maintaining a respectful work environment.

Steps to Take When Facing Sexual Harassment at Work

If you are experiencing sexual harassment at work, it is essential to take immediate action to protect yourself and address the situation. Here are some steps you can consider:

• Speak up: If you feel safe and comfortable doing so, directly communicate with the harasser and clearly state that their behavior is unwelcome and must stop.
• Document incidents: Keep a detailed record of the incidents, including dates, times, locations, people involved, and any witnesses present. This documentation will serve as evidence if you decide to take further action.
• Review company policies: Familiarize yourself with your company's policies on sexual harassment. Understand the sexual harassment reporting process and the available resources for addressing the issue.
• Report to HR or management: Inform your human resources department or a trusted supervisor about the situation. Provide them with the documented incidents and any other relevant information. Follow your company's reporting procedures.
• Seek support: Reach out to friends, family, or colleagues you trust for emotional support. Consider seeking assistance from professional organizations, hotlines, or support groups specializing in workplace harassment.
• Consult a sexual harassment attorney: If the situation persists or if you face retaliation for reporting, consult with an experienced employment attorney who can provide legal advice and guidance on your rights and options.

Remember that each situation is unique, and the appropriate course of action may vary. It is important to prioritize your safety and well-being throughout the process.

What Proof Do I Need in a Sexual Harassment Case?

Here are the key types of evidence that can support your case:

• Documentation: One of the most effective ways to substantiate a sexual harassment claim is through documentation. Record all incidents, including dates, times, locations, and the individuals involved. Describe the specific nature of the harassment and any witnesses who may have been present. These records can provide a clear timeline and context for the harassment, making it easier to demonstrate a pattern of behavior.
• Communication Records: Emails, text messages, and other forms of written communication can be invaluable in proving sexual harassment. Save any messages that contain inappropriate content or demonstrate harassment. Additionally, if you have reported the harassment to a supervisor or human resources department, retain copies of these communications and any responses you received. These records can corroborate your claims and show that you took steps to address the situation.
• Witness Testimonies: Witnesses who observed the harassment or have knowledge of the behavior can provide critical support for your case. Coworkers, supervisors, or others who have seen or heard the harassment can offer statements that validate your experiences. Collect contact information for potential witnesses and ask if they would be willing to provide testimony or written statements regarding what they observed.
• Physical Evidence: In some cases, physical evidence such as inappropriate photographs, gifts, or other items related to the harassment can be powerful proof. If you have received any physical items that are part of the harassment, keep them as evidence. Ensure these items are stored securely and are available for your attorney to review.
• Company Policies and Training Records: Review your employer’s policies on sexual harassment and any training materials or records provided by the company. These documents demonstrate that the employer had clear guidelines and procedures that were not followed or enforced. Additionally, if the company failed to provide adequate training on preventing and addressing sexual harassment, this information could be relevant to your case.
• Medical and Counseling Records: If the harassment has impacted your mental or physical health, medical and counseling records can be crucial evidence. These documents can show the extent of the harm you have suffered due to the harassment. Keep records of any medical visits, therapy sessions, or other treatments you have sought to address the effects of the harassment.
• Employment Records: Employment records can also play a significant role in your case. These records may include performance evaluations, disciplinary actions, and any documentation related to complaints you have filed with the company. Employment records can help establish credibility and show that you were a valued employee who faced unjust treatment.
• Legal and Formal Complaints: If you have filed complaints with external agencies such as the Equal Employment Opportunity Commission (EEOC) or a similar organization, keep copies of these filings and any responses you have received. These documents can demonstrate that you have taken formal steps to address the harassment and sought legal recourse.

How Our Sexual Harassment Attorney Can Help

You have the right to a safe work environment that's free of sexual harassment and gender-based discrimination. Holding sexual harassers accountable is crucial in creating a safe and inclusive environment for everyone. One effective way to achieve this is by seeking the assistance of an attorney. When employers, supervisors, managers, coworkers, or others engage in sexually harassing conduct that violates your rights, our accomplished and understanding employment law attorneys can help you take legal action to hold them accountable. Our workplace sexual harassment attorney in Charleston specializes in helping victims navigate the complexities of the legal system and ensure that their rights are protected. We can assist in documenting evidence, filing complaints, and initiating legal proceedings against the harasser or the organization responsible.

Depending on the circumstances of your case, a sexual harassment lawyer at our firm may be able to help you recover compensation for a variety of damages, including:

• Lost wages, tips, commissions, and bonuses
• Lost employment benefits, such as health, pension, retirement, paid time off, stock option, 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 workplace sexual harassment plaintiffs. Rather than attempting to compensate you for an economic or non-economic loss, these damages punish the defendant for reckless or intentional wrongdoing.

Addressing Retaliation After Reporting Sexual Harassment