Addair Entsminger PLLC Defines Harassment Under WV and Federal Law
Workplace harassment takes many forms — and not all of them are obvious. In West Virginia, both state and federal laws protect employees from unlawful conduct that creates a hostile or abusive work environment. Workplace harassment becomes unlawful when it is based on a protected characteristic, such as race, sex, age, disability, religion, or national origin. Under the West Virginia Human Rights Act and Title VII of the Civil Rights Act of 1964, harassment is illegal when it becomes severe or pervasive enough to interfere with an employee’s ability to do their job.
It’s not just about one offensive comment — although that may be enough in some cases. Courts consider the frequency, severity, and impact of the behavior, as well as whether the employer knew and failed to act.
Examples of Harassment That Can Create a Hostile Work Environment
Unlawful harassment can take many forms, including:
- Verbal abuse, slurs, or offensive jokes
- Displaying discriminatory images or messages
- Physical intimidation or threats
- Retaliation for reporting discrimination
- Isolation or exclusion based on protected status
Even conduct that seems subtle — such as constant microaggressions or ignoring someone for discriminatory reasons — may add up to a legally actionable claim if it creates a hostile atmosphere.
Harassment by Coworkers, Supervisors, and Third Parties
The law holds employers responsible for harassment not just by supervisors, but also by coworkers and even customers or vendors, if the employer knew (or should have known) and failed to stop it. That means companies have a duty to investigate complaints and take appropriate corrective action — not dismiss or ignore reports.
What Employees Should Do If They Experience Harassment
If you believe you’re being harassed at work:
- Document the incidents — dates, times, witnesses, and details
- Report the behavior to HR or a supervisor, following internal policies
- Contact a qualified employment attorney as early as possible
Your complaints are protected by law, and retaliation is illegal. But strict deadlines apply — some as short as 180 days.
Addair Entsminger PLLC Stands with Harassed Workers in West Virginia
We represent employees across West Virginia who have faced hostile work environments, retaliation, or harassment based on protected status. Our team helps clients understand their rights and build strong cases under both state and federal law.
Take action against workplace harassment. Call (304) 881-0411 today to protect your rights and hold your employer accountable by understanding what constitutes workplace harassment under West Virginia law.
