When Does Sexual Harassment in the Workplace Become Illegal?

Not all instances of perceived sexual harassment in the workplace meet the legal definition. Many types of unwelcome conduct can still be considered inappropriate and create a hostile work environment. If you believe that you have experienced sexual harassment in the workplace, don’t hesitate to contact a Morgantown personal injury lawyer for some guidance or advice.

What Constitutes Sexual Harassment?

Sexual harassment is illegal and includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment can also include offensive remarks about a person’s sex. Both the victim and the harasser can be of any gender. Sexual harassment does not have to be explicitly sexual and can involve offensive comments or bullying based on stereotypes.

Workplace sexual harassment can take many forms, including unwanted touching, inappropriate comments, and promises of promotions in exchange for sexual favors. Harassment becomes illegal when it is frequent or severe enough to create a hostile work environment or result in adverse employment decisions. The harasser can be a supervisor, coworker, or someone not employed by the company.

Who Is Covered by Sexual Harassment Laws?

Employers with 15 or more employees are covered by sexual harassment laws. It is important to understand that these laws protect employees regardless of their position within the company. Whether you are an entry-level employee or a high-level executive, you have the right to a safe and discrimination-free work environment.

Reporting Sexual Harassment

If you experience sexual harassment at work, report it promptly. Reporting harassment to HR or your boss is recommended, and employers are legally required to take complaints seriously and investigate them. It is important to keep detailed records of incidents, conversations, and any evidence of harassment. This documentation will be valuable if you decide to take legal action.

You also have the right to file a complaint with government agencies such as the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment practices agency. These agencies provide resources and assistance for those who have experienced harassment.

Time Limits for Filing a Charge

There is a time limit of 180 days to file a charge of workplace sexual harassment, which may be extended by state laws. It is crucial to take prompt action if you believe your rights have been violated. Federal employees have 45 days to contact an EEO counselor. Missing these deadlines may result in your claim being dismissed.

Legal Remedies for Sexual Harassment

If you have experienced sexual harassment in the workplace, you need to know your legal options. Filing a lawsuit or a complaint can result in remedies such as financial compensation for lost wages, emotional distress, and reinstatement in the job. A Morgantown personal injury lawyer can guide you through the process from A to Z.

Prohibition of Retaliation

In West Virginia, retaliation for reporting workplace sexual harassment is illegal. Additionally, you have the right to testify as a witness or participate in investigations without fear of punishment. Employers cannot retaliate against employees who exercise their rights under sexual harassment laws.

Workplace Sexual Harassment FAQ

As a Morgantown personal injury lawyer, these are the most common questions we hear at Desai Law about sexual harassment in the workplace:

• What laws protect employees from sexual harassment at work? Employees are protected from sexual harassment under federal laws such as Title VII of the Civil Rights Act of 1964 and the Equal Employment Opportunity Commission (EEOC). Additionally, most states have their own laws that offer protection against sexual harassment in the workplace.
• What should I do if I believe I am being sexually harassed at work? If you think you are being sexually harassed at work, take immediate action. Start by documenting the incidents, including dates, times, locations, and the names of any witnesses. Next, report the harassment to your employer following their established procedure. If your employer fails to take appropriate action, you can always contact a compassionate, knowledgeable Morgantown personal injury lawyer like Desai Law.
• Can men be victims of sexual harassment too? Absolutely. Sexual harassment can affect individuals of any or no gender. While it is often portrayed as a problem that primarily affects women, men also experience sexual harassment in the workplace. It is important to remember that everyone has the right to a safe and respectful work environment.
• What legal remedies are available in a sexual harassment case? If you have experienced sexual harassment in the workplace, you may be entitled to various legal remedies. These can include compensation for emotional distress, lost wages, and attorney fees. In some cases, a court may also order injunctive relief, such as reinstatement or changes in company policies to prevent future instances of harassment.
• How long do I have to file a sexual harassment claim? The statute of limitations for filing a sexual harassment claim can vary depending on the state and the specific circumstances of the case. Talk to a Morgantown personal injury lawyer for more specifics.
• Can I pursue a sexual harassment claim if I no longer work for the company? Yes, you can still pursue a sexual harassment claim even if you are no longer employed by the company where the harassment occurred.
• Can I settle a sexual harassment claim out of court? Absolutely. Sexual harassment claims are often resolved through a settlement agreement.
• How can an attorney help me with a sexual harassment case? An experienced Morgantown personal injury attorney can provide invaluable legal advice throughout the entire process of a sexual harassment case. We can help you understand your rights, gather evidence, negotiate with the opposing party, and represent you in court, if necessary. Research shows that having an attorney by your side can significantly increase your chances of achieving a favorable outcome.

Harassed? Contact a Morgantown Personal Injury Lawyer!

If you have experienced sexual harassment in the workplace, it never hurts to get some legal advice, guidance, and information about your rights from a Morgantown personal injury attorney. Desai Law Firm has years of experience in handling sexual harassment cases and advocating for victims’ rights. To set up a free legal consultation, contact Desai Law Firm now.