In recent years, discussions around workplace culture and ethics have increasingly focused on the critical issue of sexual harassment. Sexual harassment profoundly impacts victims in many ways, including emotional distress; mental anguish; feelings of guilt, shame, and embarrassment; decreased job satisfaction; and hindered career advancement. Sexual harassment is not only detrimental to the victim’s individual well-being, but also undermines the organizational integrity and productivity of the business.
What is Sexual Harassment?
There are two different types of sexual harassment in the workplace. The type that employees are most likely to encounter is “hostile work environment” sexual harassment by a co-worker or manager. Hostile work environment sexual harassment involves unwelcome conduct, usually of a sexual nature, that is motivated by the sex of an individual and which creates an intimidating, hostile, or offensive work environment. Sexually harassing conduct may include romantic advances, requests for sexual favors, unwanted touching, comments about another’s body or appearance, jokes, innuendo, sexualized discussions, and other hostile or offensive conduct based upon the sex of an individual.
The second type of sexual harassment is called “quid pro quo” sexual harassment. Roughly translated, quid pro quo is a Latin expression meaning “something for something.” Thus, quid pro quo sexual harassment occurs where a supervisor, or other co-worker in a position of power over the victim, promises to bestow a favorable employment benefit (e.g., pay raise, promotion, preferred work assignment, etc.) upon the victim or promises not to take negative action against the victim (e.g., termination, demotion, discipline, etc.) in exchange for sexual favors, a romantic relationship, a date, etc. from the victim.
Sexual Harassment is Illegal
Multiple laws applicable to West Virginia employers make sexual harassment illegal. Specifically, the West Virginia Human Rights Act guarantees West Virginia workers a workplace free of sexual harassment, whatever the source, by making it illegal for employers to engage in or tolerate sexual harassment of their employees. West Virginia workers are also protected by Title VII of the Civil Rights Act of 1964, which is a federal law passed during the Civil Rights era that also makes sexual harassment in the workplace illegal.
Employers are not only responsible for sexual harassment perpetrated by management personnel but are also responsible for taking swift and effective action when they know or should know that an employee is being subjected to sexual harassment by a co-worker. To that end, employers have a responsibility to implement clear and comprehensive policies against sexual harassment, provide training to educate employees on acceptable behavior and reporting procedures, ensure that complaints are promptly and thoroughly investigated, and ensure that supervisors take swift action against sexual harassers that is effective to end the harassment.
Legal Action is Available to Redress Sexual Harassment
Although the damages they authorize are slightly different, both the West Virginia Human Rights Act and Title VII allow victims of sexual harassment to take legal action against employers and individuals who engage in or tolerate sexual harassment. Sexual harassment victims may choose to bring an administrative action before the West Virginia Human Rights Commission and/or the federal Equal Employment Opportunity Commission and/or file a civil action in a federal or state court of law. Victims who prevail may be entitled to monetary damages and/or other remedies.
What to Do if You are Aware of or are Subjected to Sexual Harassment
The prevalence of sexual harassment in the workplace highlights a pressing need for awareness, prevention, and effective response mechanisms. Employees also play a crucial role in combating sexual harassment by being vigilant, supportive of colleagues who may be affected, and willing to report incidents without fear of retaliation.
Accordingly, the most important thing to do when an employee is the victim of sexual harassment or becomes aware of the sexual harassment of others is to promptly report the harassment to a supervisor, Human Resources representative, or other person or group designated by your employer to take complaints of sexual harassment. It is important to note that both the West Virginia Human Rights Act and Title VII protect employees from retaliation for reporting or opposing sexual harassment by making such practice illegal and authorizing legal actions, including a civil lawsuit, to redress unlawful retaliation.
The best practice is to report or otherwise document the harassment in writing. The most effective way to do so is often by email so that the report is preserved and easily accessible for future reference. If the employer fails to stop the harassment, the victim or other reporter of sexual harassment should continue to report and document each subsequent act of sexual harassment in writing. The sexual harassment should be persistently reported through all available means designated by the employer and to all management or Human Resources personnel to whom the victim/reporter feel comfortable reporting such matters until it is appropriately addressed.
In some cases, the employer continues to fail to end the sexual harassment and/or retaliates against the victim or reporter, such that the victim/reporter has no choice to commence a lawsuit or administrative action under the West Virginia Human Rights Act or Title VII. In some cases, the harassment or other hostile actions may be so severe or persistent that the employment relationship is materially altered such that the victim or reporter have no choice but to resign their employment, at which time they may have a claim for a “constructive discharge.”
Addair Entsminger PLLC Can Protect Your Rights
Victims of sexual harassment and those who report such harassment would be wise to promptly contact a lawyer for advice and guidance. In the case where legal action is necessary, a sexual harassment lawyer like the attorneys at Addair Entsminger should be contacted without delay, as there is a time limit for when claims of sexual harassment can be brought. In some instances, claims must be filed within a very short period of time.
The attorneys at Addair Entsminger are highly skilled and experienced in representing victims of sexual harassment and sexual harassment retaliation in West Virginia. Specifically, Addair Entsminger’s attorneys have represented, in actions before administrative agencies and in state and federal courts of law, numerous West Virginians who have been subjected to sexual harassment in the workplace or retaliation for reporting or opposing such harassment. We have used our experience and knowledge of sexual harassment and retaliation laws to recover millions of dollars for our sexual harassment clients.
If you have been the victim of sexual harassment or retaliation in the workplace, our dedicated team of attorneys is ready to stand by your side and advocate for your rights every step of the way. Call (304) 881-0411 immediately or click here to schedule a confidential consultation. Our attorneys will provide you with the guidance and support needed to pursue legal action and hold the responsible parties accountable.
