SEXUAL HARASSMENT

No one should have to endure sexual harassment as a condition of earning a living. Whether it takes the form of unwanted advances, explicit comments, inappropriate touching, or a hostile work environment that makes it impossible to do your job, sexual harassment is illegal under both federal and state law. At Klie Law Offices, our employment law attorneys represent workers throughout West Virginia and Ohio who have been subjected to sexual harassment at work. We help our clients hold their harassers and their employers accountable and recover the compensation they deserve.

We handle sexual harassment cases from our offices in Buckhannon, Clarksburg, Morgantown, Parkersburg, and Canton, Ohio.

Sexual harassment can happen to anyone regardless of gender. Men can be harassed by women, women can be harassed by men, and same-sex harassment is equally actionable under federal and state law. The harasser does not have to be of the opposite sex, and the victim does not have to be the direct target of the harassment — an employee who is adversely affected by harassing conduct directed at others in the workplace can also have a claim.

If you are experiencing sexual harassment at work, reporting it creates a record that strengthens your legal position and triggers the employer's duty to respond. If your employer has a harassment complaint procedure, follow it. Report the harassment in writing if possible — an email to HR or management creates a dated, documented record. Keep your own copies of every report you make. If your employer does not have a formal procedure, report the harassment to your supervisor, your supervisor's supervisor, or any member of management.

If your employer fails to act on your complaint, you have the right to file a charge with the Equal Employment Opportunity Commission, the West Virginia Human Rights Commission, or the Ohio Civil Rights Commission. These agencies investigate harassment complaints and can pursue enforcement action against the employer. Filing an agency charge is also typically a prerequisite to filing a private lawsuit under Title VII.

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Some employees are forced to resign because the harassment is so severe and the employer so unresponsive that remaining in the job becomes intolerable. This is known as constructive discharge, and the law treats it as the legal equivalent of being fired. If you resigned because of sexual harassment that your employer refused to address, you may still have a claim for all damages that would be available if you had been terminated, including back pay and front pay. However, constructive discharge claims require showing that the working conditions were so intolerable that a reasonable person would have felt compelled to resign.

The West Virginia Human Rights Act prohibits sexual harassment and applies to employers with 12 or more employees. The Act provides a broad definition of harassment and allows for compensatory and punitive damages without the caps that apply to federal Title VII claims. Claims must be filed with the West Virginia Human Rights Commission within 365 days of the last act of harassment, though employees may also choose to file directly in state court. West Virginia's strong public policy protections also support claims by employees who are fired or constructively discharged due to harassment or for reporting harassment.

Sexual harassment cases require attorneys who are sensitive to the deeply personal nature of these claims and aggressive in holding employers accountable. At Klie Law Offices, our employment law team handles sexual harassment claims with the discretion our clients deserve and the tenacity their cases demand. We represent employees at every stage — from initial complaint through litigation — and fight to recover the maximum damages available under federal and state law.