If you are a victim of workplace sexual harassment in West Virginia, you may be able to pursue a workplace sexual harassment claim against your employer. Through this complaint, you can ask for compensation for your damages. Workplace sexual harassment could have caused you to suffer lost wages, lost benefits, and suffer anxiety, depression, and other mental anguish. For a successful claim, you will need supporting evidence and documentation. You will also need to prove you suffered losses because of the West Virginia workplace sexual harassment you endured.
What State Laws Protect Against Sexual Harassment?
West Virginia has no laws that specifically apply to workplace sexual harassment. Title VII of the Civil Rights Act of 1964 provides protection, so you are protected by federal law. If you are a victim of on-the-job sexual harassment, you will need to follow proper procedures to get a claim against your employer underway in West Virginia. Be sure to maintain evidence and documentation, and make sure you make detailed notes about everything.
What Would Be Considered Sexual Harassment?
You must show that there has been an ongoing pattern or that this just was not a single case of bad judgement on the other party’s part. One inappropriate joke does not warrant a sexual harassment case. Maintaining evidence and documentation to support your claim is a necessity for a successful sexual harassment claim against an employer in West Virginia. Sexual harassment can be less obvious or discreet, so keep evidence and documentation. Sexual harassment could be sexual favors, verbal or physical harassment that is of a sexual nature, inappropriate jokes or displaying sexist images, or mistreating an individual simply because of gender. Any behavior that causes a hostile work environment could lead to a workplace sexual harassment claim in West Virginia.
How Is It Covered By Law In West Virginia?
If you have suffered workplace sexual harassment in the West Virginia, you have grounds for a workplace sexual harassment claim based on federal protections. Federal laws also prevent your employer from retaliating against you because you have been a whistleblower and reported the legal violations. You should get your claim underway in a timely fashion because you do have limited time to take legal action. Usually, you have only 180 days from the date of the incident to pursue a claim.
Where To File A Workplace Sexual Harassment Claim In West Virginia
Review your employee handbook to see if include your company’s guidelines for filing a sexual harassment complaint. If your company has detailed procedures, follow them specifically and get your claim underway. If your employer does not have its own sexual harassment complaint process included in the handbook, get the process underway by meeting with your employer about the issues at hand by talking with a supervisor or the company’s HR department. You can also ask for guidance from the West Virginia state labor board.
Be sure take notes and document everything that you discuss when you get the claim underway. If your issue does not get properly resolved, you can advance your claim to the government organization that enforces the federal law. This would be the Equal Employment Opportunity Commission (EEOC). If the proper agency does not get the issue resolved, you can then pursue a federal lawsuit against your employer and ask to be compensated for specific damages that you suffered.
How Long Do I Have To File A Sexual Harassment Claim In West Virginia?
You have 180 days from the date of the incident to file a complaint based on federal laws. If you do not file your claim before the statute of limitations runs out, your claim will be dismissed. Start gathering evidence right away and make sure you have the issue addressed and claim underway before the deadline. Read the specifics about West Virginia workplace sexual harassment claims.
Getting Help Filing A Sexual Harassment Claim in West Virginia
If you suffered from workplace sexual harassment in West Virginia, you should speak with an attorney who is familiar with the different aspects of employment law and specifically workplace sexual harassment matters in West Virginia. Be sure to discuss the lawyer’s payment options because some employment law attorneys require a retainer to be paid while others take cases on a contingency basis and are not paid until you win your case and recoup compensation for your damages. Complete the Free Case Evaluation Form to share details with an employment law attorney who handles West Virginia workplace sexual harassment cases.
Additional Resources
- List of EEOC Offices in West Virginia
- What Actions Are Considered Sexual Harassment?
- Employment Discrimination In West Virginia