Unfortunately, sexual harassment remains a severe issue in many West Virginia workplaces. Even with strict laws in place to protect an employee from sexual harassment coupled with substantial jury verdicts against employers who violate those laws, sexual harassment persists. Many times our clients feel like they have no ability to do anything to stop the sexual harassment because they are afraid that they will be terminated if they complain. In some cases, an employee is being harassed by the business owner or a manager who makes salary and hiring decisions, so standing up to the harasser feels extremely complicated. The fear of losing a paycheck, getting demoted, or being terminated can paralyze a person’s ability to stop the harassment or to complain to management. We are here to help the victims of sexual harassment.
Sexual harassment is any unwelcome sexual advances, requests for sexual favors or acts, or any other verbal or physical conduct that is sexual in nature. The conduct has to affect an individual’s employment, unreasonably interfere with their performance, or create a hostile, intimidating or offensive work environment. The following are examples of sexual harassment in a workplace:
- sexual jokes
- unwelcome sexual advances
- same sex sexual jokes
- transgender sexual jokes
- requests for sexual favors or acts in return for pay (sometimes called quid pro quo)
- requests for sexual favors
- unwanted touching
- sexually suggestive speech or actions
- showing sexual material, including on computers, phones, tablets, etc.
- verbal harassment that is sexual
- any other physical touching that is sexual or could be considered sexua
Sexual harassment not only happens in person. Many cases involve persistent test messages, Facebook posts, Facebook messages, Instagram posts or messages, and even voicemail or email. One key factor in dealing with a sexual harassment case is that the sexual harassment must be unwelcome.
Is there such a thing as same sex sexual harassment in West Virginia?
Yes. The person who is harassing and the victim can be the same sex or opposite sex.
Does Sexual Harassment Include Sex or Orientation Jokes and Remarks?
Yes. Sexual harassment in West Virginia includes offensive remarks about sexual orientation or gender. If a man makes offensive comments about women in general, it can be considered sexual harassment. The opposite is also true, females making sexual comments about a man is considered sexual harassment.
Does the harassment have to be severe?
Typically the harassment does have to be severe or frequent in nature enough to create a hostile work environment. A single incident or comment is usually not enough to pursue a case. But this always depends on what was said by the harasser.
Can I be fired for filing a sexual harassment claim in West Virginia?
No. The law protects an employee who complains about sexual harassment. This means that termination, demotion, or other adverse actions taken against the person who complains about sexual harassment is protected and could lead to a wrongful termination claim.
What is the statute of limitations for a West Virginia Sexual Harassment Claim?
Generally, the statute of limitation in West Virginia is two years from the date the harassment occurred. There are some exceptions to this with a longer time from for sexual assaults.
Getting Help with a West Virginia Sexual Harassment Case
The sexual harassment lawyers from Rist Law Offices handle sexual harassment cases anywhere in West Virginia. We will work to recover all damages for our clients, including past and future medical bills, past lost wages, future lost wages, and damages for emotional distress and mental anguish. If the harassment is severe enough, we will also fight to recover punitive damages for our clients. There is never a fee to speak to a potential client about a sexual harassment case. All consultations will be kept strictly confidential.
We handle all West Virginia sexual harassment cases on a contingency fee basis, which means we are only paid if your case is won at trial or settled. For more information or to set up a free consultation with a West Virginia Sexual Harassment Lawyer, call us today at (304) 574-8912.