Facing sexual harassment at work can leave anyone feeling vulnerable, frustrated, and unsure about the right steps to take. If you are an employee in Charleston or anywhere in West Virginia, you deserve answers, support, and confidence in the process that follows when you report misconduct. Our team at Rod Smith Law PLLC has seen firsthand how uncertain this process can feel, especially when you are worried about retaliation or the thoroughness of a sexual harassment investigation in Charleston. We are committed to making sure you have clear guidance, practical steps, and an understanding of your legal rights so you can move forward with strength and knowledge.
Learn your rights and the real steps in Charleston sexual harassment investigations. Find out how to report, document, and protect yourself today. Contact us online now or call (304) 406-7076!
What Counts as Sexual Harassment in Charleston Workplaces?
Sexual harassment in Charleston workplaces covers a wide range of behaviors that go beyond unwelcome sexual advances. It includes verbal, physical, or visual conduct that makes the work environment intimidating, hostile, or offensive. The two main categories are quid pro quo harassment—where employment conditions depend on sexual favors—and hostile work environment harassment, which involves ongoing or severe behavior affecting your ability to work safely. Even so-called harmless jokes or persistent unwanted attention can rise to the level of harassment if they interfere with someone’s job or create a stressful environment.
Charleston is governed by both South Carolina state laws and local city ordinances that reinforce federal rules against workplace sexual harassment. While the federal Title VII protections often apply to employers with 15 or more employees, Charleston’s own ordinances can apply in broader situations, including to some contractors and interns. Knowing this helps you understand that your rights don’t stop with one set of laws; multiple protections may apply at once. The City of Charleston explicitly bars workplace discrimination and harassment, providing additional avenues for employees to pursue justice even if federal or state requirements are not met exactly.
Keeping detailed documentation is essential if you suspect sexual harassment. Write down each incident, note witnesses, and save relevant emails, text messages, photos, or other materials. This record will be a valuable asset if you need to report the behavior or build a case. Harassment laws protect all workers, regardless of gender or job title, and even third parties such as vendors or contractors can sometimes be involved or affected.
How to Report Sexual Harassment in Charleston?
Reporting sexual harassment in the Charleston workplace involves following a thoughtful process to protect your rights and create a clear record. Check your employer’s handbook or posted policy for specific steps. Generally, employees are encouraged to report incidents directly to human resources or a designated supervisor, preferably in writing. List the date, time, location, people involved, details of the behavior, and any witnesses. By putting your complaint in writing, you create a time-stamped record that can be crucial if there is pushback or a dispute later on.
If you do not feel safe reporting to your employer or if your report is ignored, you can go directly to external agencies. Two primary options are the South Carolina Human Affairs Commission (SCHAC) and the Equal Employment Opportunity Commission (EEOC). When you file with SCHAC or EEOC, you will usually complete an intake questionnaire or a detailed sworn statement, often within 180 days of the most recent harassment. These agencies are equipped to investigate, and you do not have to wait for your employer’s process to finish first, especially if you fear retaliation or inaction.
Deciding which route to take can be challenging. We recommend documenting your concerns about your employer’s response and considering legal advice before escalating externally, particularly if your company’s internal investigator may have a conflict of interest. Remember, both SCHAC and EEOC protect workers’ confidentiality during the investigation as much as the law allows. You have more control than you may realize, even if initial responses disappoint or intimidate you.
What Should You Expect After Filing a Sexual Harassment Complaint?
After you submit your complaint, your employer is legally required to act promptly, thoroughly, and impartially. A typical investigation starts with HR or an appointed investigator reviewing your statement, reaching out for clarification, and assembling a plan for evidence collection. Many Charleston companies use trained in-house staff for investigations, but larger employers or those with potential conflicts sometimes call on independent external investigators. No matter who leads the process, you are entitled to transparency on timelines, steps, and expected communication.
Investigators usually conduct confidential interviews with you, the accused, and any witnesses. They gather and review physical and digital evidence, such as emails, texts, or photos tied to your complaint. It is standard to collect multiple perspectives before drawing any conclusions. The process is meant to be neutral, with all evidence considered fairly, not filtered through assumptions or outdated ideas. In Charleston, many workplaces are now adopting protocols that specifically require record-keeping, regular updates, and protection for everyone involved until the investigation is finished.
At the end of the process, the investigator submits a finding that may include recommended corrective action, training, discipline, or dismissal. You should receive a clear, written summary of the outcome and any steps the employer will take. If you disagree with the investigation’s conclusion or remedy, review your workplace’s appeal process or ask about next steps through SCHAC or EEOC. If you feel the procedure itself was compromised—such as being ignored, cut short, or handled with bias—you may be able to escalate beyond your workplace for further review.
What Kind of Evidence Strengthens a Workplace Sexual Harassment Case?
If you are reporting workplace sexual harassment, gathering evidence can significantly strengthen your case. This means more than a written complaint. Start by keeping a journal of incidents, noting specific words, gestures, environments, and how the behavior affected your ability to feel safe and perform your job. Make these notes as soon as possible after each incident for accuracy and reliability.
Support your account with hard evidence, such as emails, texts, voicemails, or digital messages that illustrate inappropriate behavior or requests. Keep copies of notes, cards, gifts, or printed materials that may be part of the harassment. Do not delete or alter any electronic communications, even if you feel embarrassed or pressured to do so. Documentation is especially persuasive when it shows a pattern of behavior or escalation over time.
Bring in the voices of coworkers or clients as witnesses, if possible. Even bystanders who did not witness the exact moment but observed your reaction or changes in your work life can add crucial context. Keep your originals in a safe location outside the workplace and consider providing copies to a legal advisor if the situation becomes adversarial. Good evidence not only shows what happened, but that you took it seriously—and can convince all parties involved that your complaint deserves real attention.
Who Handles Sexual Harassment Investigations in Charleston Workplaces?
In most Charleston workplaces, HR professionals or specially trained compliance officers conduct internal sexual harassment investigations. These individuals are responsible for gathering facts, interviewing witnesses, and treating sensitive information confidentially. In organizations with more resources, an Equal Employment Opportunity coordinator may step in to ensure the process follows both the law and company policy. HR’s role includes maintaining fairness, neutrality, and minimizing further risk for all involved parties throughout the investigation.
In situations where internal investigators might face a conflict of interest—such as when someone in HR is accused—employers may hire third-party professionals. These independent investigators, who could be employment law attorneys or external HR specialists, are brought in to show the investigation is impartial. Their approach mirrors in-house steps but adds an extra layer of credibility, especially in highly charged or complex situations. This safeguards the company and also reassures employees that the outcome is based on facts, not bias or personal relationships.
If you decide to contact SCHAC or the EEOC instead of reporting internally—or if you believe the internal process failed—these agencies assign their own investigators. Agency investigations are often more thorough, sometimes involving subpoenas, outside witness interviews, or closer scrutiny of company practices. These steps can take longer, but they offer additional protection for employees and publicly hold employers accountable for following the law. Understanding who conducts your investigation gives you realistic expectations on privacy, timing, and the legal standards applied throughout.
What Are Employers’ Legal Responsibilities During a Sexual Harassment Investigation?
Employers in Charleston and across South Carolina are required to investigate every sexual harassment complaint in good faith. This means acting quickly, following protocols, and protecting all reporting parties from ongoing mistreatment during the process. Employers must share details of your complaint only with those who need to be involved in the investigation. Sometimes, this includes temporarily changing schedules, work locations, or reporting relationships.
While the law does not set an exact deadline, “prompt” typically means within weeks—not months—unless a case is unusually complicated. If the employer delays, fails to interview witnesses, or does not check electronic and physical evidence, they risk liability for not providing a safe workplace. The company’s duty is to fully investigate and correct any harassment found, which may mean discipline, termination, or company-wide training. Employers who ignore claims or minimize their severity could face consequences from enforcement agencies, including audits or civil penalties.
Retaliation against employees who file complaints or participate in the process is strictly prohibited under both local and federal law. If you experience demotion, pay cuts, changed shifts, job loss, or a sudden increase in critical performance reviews after reporting harassment, document every incident thoroughly. The law explicitly protects your right to report wrongdoings without fear of punishment or negative career consequences.
What Can You Do If Your Employer Mishandles or Ignores Your Sexual Harassment Complaint?
If your employer in Charleston does not investigate, minimize your concerns, or take no corrective action after your report, you still have options. Begin by documenting every step you take to follow up in writing—emails asking for progress updates, requests for records, or any employer responses (or lack thereof). Keeping clear records demonstrates your active involvement and makes it easier for outside agencies to see if your rights were ignored.
If you do not receive a response or the process appears biased, escalate your complaint to SCHAC or the EEOC as soon as possible. Both agencies allow you to file even if you have already reported internally, and they have the authority to conduct independent investigations. You generally need to file with SCHAC within 180 days of the last incident. If your workplace is larger or crosses state lines, the EEOC is a strong option as well. These agencies will review documentation and require the employer to respond formally. If harassment is confirmed, they may recommend mediation or, in some cases, issue a “right to sue” so you can pursue further legal action.
Throughout this stage, collect every piece of documentation—including written rejections, new performance reports, or subtle changes in your treatment at work. Consider consulting a legal advisor who can provide additional support, clarify next steps, and help you preserve your rights for possible lawsuits against the employer if the case warrants it. No employee should have to accept an inadequate or biased response when the law sets clear expectations for how sexual harassment investigations must be handled in Charleston.
How Can You Guard Against Retaliation After Reporting Sexual Harassment in Charleston?
The fear of retaliation is one of the strongest reasons employees in Charleston hesitate to come forward about harassment. Retaliation can include being fired, denied promotions, transferred to unfavorable positions, or even more subtle acts like exclusion or sudden negative reviews. Federal and state laws make it unlawful to retaliate against anyone for reporting or participating in a sexual harassment investigation. Companies that violate these laws may face additional legal action for creating a hostile environment on top of the original claim.
If you notice any changes in how you are treated at work after filing a complaint, start a new record just as you did for your Charleston workplace harassment complaint. Document new schedules, performance reports, missed opportunities, altered duties, or communications from supervisors. Keep everything in writing and ask for explanations when adverse decisions come up. The more thorough your notes, the easier it is to prove a pattern if retaliation becomes a new issue. It is helpful to have a trusted colleague witness any conversations or changes that may be part of a retaliation campaign.
Should you experience retaliation, report it in writing to your employer, outlining the specific conduct and why you associate it with your protected activity. If your employer fails to address the issue promptly, submit a claim to SCHAC or the EEOC. Legal protection against retaliation is strong, and agencies that handle workplace discrimination regularly add retaliation claims to the original investigation if evidence warrants it. Legal guidance is especially helpful if retaliation is ongoing or if you are considering whether to seek damages or reinstatement as part of your response.
How Long Does a Sexual Harassment Investigation in Charleston Usually Take?
The length of sexual harassment investigations in Charleston depends on case complexity, the number of people involved, and the urgency of workplace concerns. A straightforward investigation by an HR team might finish in two to six weeks. More complex cases or those involving numerous allegations, multiple witnesses, or outside investigators can last much longer—sometimes stretching for several months. If you file with SCHAC or EEOC, be prepared for the process to take several months or more before resolving.
Delays are most frequently caused by:
- Difficulty scheduling interviews around employee absences or shift work
- Time needed to review emails, texts, or documents
- Waiting for key decision-makers or witnesses to participate
- Employer seeking outside legal advice before acting
Regular updates from your employer are not just polite—they are expected when the law requires prompt action and open communication. While waiting for an answer, keeping your own detailed timeline of events gives you valuable leverage if you have to show outside agencies that your employer delayed or neglected their responsibilities.
If your case seems to be stagnating or your employer regularly postpones meetings or steps outlined in their policy, consider reaching out for legal support. Prolonged investigations can harm your mental health, finances, and job stability. Timely action keeps your case moving and can prevent long-term negative effects on your career.
Where Can Charleston Workers Turn for Sexual Harassment Support?
Employees dealing with sexual harassment in Charleston can draw on several local and state resources. The South Carolina Human Affairs Commission is a direct point of contact for intake, questions, and pursuing formal complaints. The City of Charleston’s Office of Civil Rights is another valuable resource for information about protections and how city ordinances may offer you additional coverage. SCHAC and the City also provide language and disability accommodations, making support accessible to all workers regardless of background or ability.
Local support groups and nonprofit organizations, such as People Against Rape and the South Carolina Coalition Against Domestic Violence and Sexual Assault, offer counseling, safety planning, legal referrals, and ongoing advocacy. They provide confidential services and can connect employees to legal professionals as well as emotional support. These networks understand what it means to face sexual harassment and know how to empower survivors throughout investigations.
Our team at Rod Smith Law PLLC works to ensure employees—no matter their position or employer—know their rights, find support, and get reliable legal strategies. We are backed by decades of experience and proven results. When you are faced with a challenging or unresolved workplace conflict, turning to a resource that knows Charleston law and is ready to address your specific concerns can make a tangible difference.
When Should You Reach Out to an Employment Lawyer in Charleston?
If you are experiencing repeated harassment, retaliation after reporting, or have concerns about your employer’s investigation process, it is wise to talk to an employment lawyer as soon as possible. Early action can help protect your rights, prevent employers from burying evidence, and ensure you are prepared for any response. Our legal team helps you assess whether your situation is protected under local, state, and federal law, and we support you in collecting documentation and weighing your options for reporting misconduct safely.
Legal counsel is also valuable if you are pressured to sign documents like confidentiality agreements, face threats about speaking up, or are left in the dark about the status or outcome of your case. An attorney can review disciplinary actions, explain which remedies are available, and offer guidance on whether escalation to state or federal agencies is the right move. Many employees seek guidance simply to understand the process, even if they are not yet ready to officially escalate their complaint.
At Rod Smith Law PLLC, we have advocated for employees across Charleston and West Virginia, recovering substantial settlements and holding even large employers accountable for failing to follow the law. Our firm is committed to representing everyday workers, and we work on a contingency basis, meaning you pay nothing unless you recover. If you want answers, guidance, or someone to walk with you through your next steps, call us at (304) 406-7076. We are ready to listen and help you secure your future in a fair workplace.