CHARLESTON SEXUAL HARASSMENT ATTORNEY

Advocating for Your Rights with Compassionate Expertise

Every employee has the right to work in a safe environment. No one should have to tolerate any type of sexual harassment, whether it is done openly or out of the presence of others. 

If you have been subjected to unprofessional actions or attitudes that have caused you embarrassment or uneasiness, your employment rights are being violated.

Turn to a legal team that focuses on holding violators of the law accountable. At Rod Smith Law PLLC, we are committed to helping victims of mistreatment and sexual harassment in the workplace. 

Let our legal team defend your rights.

Contact our Charleston sexual harassment attorneys at Rod Smith Law for a free consultation about your case. Call (304) 406-7076 or contact us online.

Learn more about the types of sexual harassment by reading our blog!

Quid Pro Quo Harassment

Quid pro quo, which is Latin for "something for something," refers to an exchange of goods, services, or favors in which one transfer is contingent upon the other. Quid pro quo sexual harassment occurs when a person in a position of authority, such as a supervisor or manager, seeks sexual favors from an employee in exchange for job benefits, promotions, raises, or other favorable treatment in the workplace. This type of harassment is often linked to employment benefits and can create a hostile work environment for the affected individuals. Quid pro quo harassment is illegal under state and federal law.

Protecting Against Retaliation in Harassment Claims

We understand that you may feel too intimidated to stand up for your rights or that your harasser or employer may retaliate against you if you try to make it stop. However, sexual harassment should not be tolerated in the workplace and you are protected.

Any form of retaliation against you for making a claim of sexual harassment is unlawful. Such adverse actions can include your employer treating you differently, scheduling you to work alongside the harasser, not immediately investigating your complaints, a reduction in your pay, or termination.

If your claim is successful, you may be awarded lost wages, punitive damages, and human loss type damages such as emotional distress, embarrassment, and loss of indignity.

Understanding Sexual Harassment in Charleston

In a city with a thriving economy and diverse workforce, it’s essential to create workplaces where every individual feels safe, respected, and free from harassment. The West Virginia Human Rights Act provides valuable protections for those facing such challenges, providing a statutory right to seek civil justice for victims of sexual harassment. Our team at Rod Smith Law PLLC is dedicated to helping victims of sexual harassment seek justice against those who have violated their rights.

While local businesses and organizations recognize the importance of fostering a safe work environment, many employees still encounter unprofessional behavior that disrupts their work life. Whether it’s inappropriate sexual comments from a colleague or unwanted advances from a supervisor, these actions can create a toxic atmosphere that affects not only individual well-being but also overall workplace productivity. 

Guiding Clients From Start to Finish

Charleston residents may also face unique challenges related to sexual harassment, such as a lack of awareness about their rights or fear of retaliation from employers. It’s essential to understand that you are protected under both state and federal laws, and there are local resources available to help you navigate these difficult situations. If you find yourself in a hostile work environment, it’s important to document incidents and seek legal advice promptly. 

At Rod Smith Law PLLC, we are dedicated to helping Charleston employees reclaim their rights and find justice. We have spent decades helping individuals seek justice in the local court system.  We also understand have experience getting victims of sexual harassment the help they need in our community.  Our team can provide compassionate support and effective legal representation to make your voice heard.

Sexual Harassment Protections in Charleston, WV

In Charleston, workplace sexual harassment is prohibited under both federal law and the West Virginia Human Rights Act. These laws protect employees from being subjected to unwelcome sexual conduct, whether it comes from supervisors, coworkers, or even customers or clients. The state’s protections cover both blatant and subtle forms of harassment.

Charleston workers can also seek help from the West Virginia Human Rights Commission, which investigates claims and enforces anti-harassment laws. If an employer ignores a complaint or fails to take reasonable steps to stop the behavior, they can be held legally responsible for the harm caused.

What Counts as a Hostile Work Environment in Charleston?

A hostile work environment occurs when sexual conduct or comments make it hard for an employee to feel safe or respected at work. This could be ongoing, repetitive behavior or a single severe incident.

Examples of conduct that may create a hostile environment include:

• Repeated sexual jokes or comments directed at you or others
   
• Inappropriate physical contact, such as touching or grabbing
   
• Circulating sexual images, videos, or suggestive messages
   
• Persistent advances after you’ve made it clear they are unwanted
   
• Spreading sexual rumors or making degrading remarks about an employee
   

Employers in Charleston have a duty to act quickly once they know about harassment. Ignoring the problem can result in legal liability.  Additionally, employers can be strictly liable for sexual harassment by supervisors.

How to Respond if You’re Harassed at Work in Charleston

1. Document the Behavior – Write down each incident, noting the date, time, location, what was said or done, and who witnessed it. Keep copies of texts, emails, or messages.
    
2. Talk to a Lawyer – A Charleston sexual harassment attorney can explain your rights, help protect you from retaliation, and guide you if you move forward with a legal action.  A lawyer can also help you with the reporting of any sexual harassment.
    
3. Be Alert for Retaliation – If your employer changes your hours, pay, or work assignments after you report harassment, that could be an unlawful response.  It is important to talk to a lawyer to help you navigate this issue.
    

Commonly Asked Questions

What should I do if I experience sexual harassment at work in Charleston?

If you experience sexual harassment in the workplace in Charleston, it’s vital to contact a sexual harassment lawyer as soon as possible. Speaking with a lawyer who specializes in these cases can help you understand your rights, properly document the incidents, and decide on the best course of action. Their expertise ensures your concerns are handled effectively, and your rights are protected throughout the process.

What are the potential outcomes of a sexual harassment claim?

The outcomes of a sexual harassment claim can vary based on the specifics of the case. If successful, you may receive compensation for lost wages, emotional distress, and punitive damages. Additionally, the employer may be required to implement changes to their policies and training to prevent future harassment. In some cases, the harasser may face disciplinary action or termination.

What should I expect during a consultation with a sexual harassment lawyer?

During a consultation with a sexual harassment lawyer, you’ll discuss the details of your situation in a confidential setting. The lawyer will ask about what occurred, including dates, times, locations, and any evidence you may have, such as emails, texts, or witness statements. You’ll also have the chance to ask questions about your rights, legal options, and next steps. It’s helpful to share any related documents, such as workplace policies or prior complaints. At Rod Smith Law, we can come to you or do the initial consultation remotely.  And, there are no costs, ever, to consult with us and learn about your options.

What is the deadline for filing a sexual harassment claim in West Virginia?

You generally have one year to file a claim with the West Virginia Human Rights Commission.  You generally have two years to file a claim for sexual harassment or retaliation in state court.  However, this is not legal advice, and the calculation of the deadline is tricky.  If you believe you have a claim for sexual harassment or retaliation, you should consult with a lawyer as soon as possible to make sure you do not miss important deadlines.

Do I have to leave my job to take legal action?

No. You can pursue a sexual harassment claim while continuing to work for your employer. However, many victims of sexual harassment choose to leave their jobs if working there becomes intolerable.  You deserve to be somewhere you are respected!

Can I sue my boss personally for harassment?

You may be able to bring a claim against both your employer, a supervisor, and the individual who engaged in the harassment. It entirely depends on the circumstances to which you were subjected.  Your lawyer can review your options and recommend the best approach.

Contact Our Charleston Sexual Harassment Lawyer Today

If you have been subjected to sexual harassment in the workplace, Rod Smith Law PLLC is ready to protect you. We have helped many West Virginia employees hold their employers accountable and recover compensation. Specific time limits apply for sexual harassment claims, so speak with one of our sexual harassment attorneys in Charleston and Morgantown as early as possible.

Contact our Charleston sexual harassment lawyers today at (304) 406-7076 for a free consultation. Don’t let employers keep behaving this way.