Morgantown Sexual Harassment Lawyer

Nearly 60 Years of Experience Fighting for West Virginia Employees

Both state and federal law prohibit sexual harassment in the workplace. The West Virginia Human Rights Act and Title VII of the Civil Rights Act of 1964 protect employees from sex-based harassment, and both laws carry real consequences for employers who violate them. No employee should dread going to work because of a supervisor’s advances, and no one should lose a promotion or a job for refusing them. Sexual harassment is unlawful, and we help victims have a voice.

If you’re facing harassment at work, don’t wait. Call The Moore Law Firm, PLLC today at (304) 521-2451 to speak with a Morgantown sexual harassment attorney.

What Is Sexual Harassment?

To constitute sexual harassment, conduct must be unwelcome and either severe or pervasive. It includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Sexually harassing conduct violates the law when it:

• Is made a term or condition of employment or exchanged for job benefits;
• Is used as the basis for employment decisions; or
• Unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or offensive working environment.

Sexual harassment takes many forms. It can include direct conduct such as physical touching, propositions, and sexual comments, and it extends to innuendo and insinuation. Whether conduct qualifies depends on the specific circumstances, including the nature of the conduct and the context in which it occurred.

Types of Sexual Harassment Claims in West Virginia

West Virginia employees typically encounter sexual harassment in two legally recognized forms, and some situations give rise to a third distinct claim. All three are prohibited under Title VII of the Civil Rights Act of 1964 and the West Virginia Human Rights Act.

Quid Pro Quo Harassment

Quid pro quo harassment occurs when a supervisor conditions job benefits, such as a promotion, raise, or continued employment, on an employee submitting to sexual advances. The Latin phrase means “this for that,” and that exchange is precisely what the law prohibits. A single incident can be sufficient to support this type of claim.

Hostile Work Environment Harassment

Hostile work environment harassment involves unwelcome sexual conduct so severe or pervasive that a reasonable person would find the workplace intimidating, hostile, or offensive. Unlike quid pro quo claims, this category typically involves a pattern of behavior that collectively alters the conditions of employment.

Retaliation Claims

A retaliation claim arises when an employer takes adverse action against an employee for reporting harassment internally or filing a complaint with an agency. That adverse action can include termination, demotion, or reduced hours, as well as unwarranted discipline.

Filing a Sexual Harassment Claim: Deadlines & Agencies

Before filing a lawsuit in court, most sexual harassment claimants must first file a charge with the EEOC (Equal Employment Opportunity Commission) or the West Virginia Human Rights Commission (WVHRC). These agencies investigate complaints and can pursue resolution before litigation becomes necessary. The EEOC covers employers with 15 or more employees; the WVHRC covers private employers with 12 or more.

Filing Deadlines to Know

Deadlines matter. As a general rule, EEOC charges must be filed within 300 days of the alleged discriminatory act in West Virginia, while WVHRC complaints must be filed within 365 days of the most recent act. The two agencies have a work-sharing agreement, so a single filing typically cross-files with both, preserving rights under federal and state law simultaneously. Missing either deadline can result in a claim being time-barred, which can cut off the right to pursue legal action. These timeframes are general rules. Speak with an attorney about the specific facts of your situation before acting.

Why Filing Carefully Matters

Procedural errors during the filing process can undermine a claim even when the underlying facts are solid. Working with an attorney before submitting a charge can help ensure the complaint captures every relevant detail and avoids missteps that could limit your options later.

Why Morgantown Employees Trust The Moore Law Firm, PLLC

Employers rarely respond lightly to sexual harassment claims, and going up against one without experienced representation can put you at a real disadvantage. Our team brings nearly 60 years of collective legal experience across litigation and negotiation. Jerry D. Moore’s background as a former prosecuting attorney and circuit judge gives us direct insight into how courts and opposing counsel evaluate these cases. That advantage shapes how we build and argue every claim.

We develop a strategy tailored to your specific situation. Depending on your needs, that can mean pursuing a confidential settlement or taking the case to trial. Either way, you’ll work directly with our attorneys, not a case manager, and you can know where your case stands at every stage.

Reach Out to The Moore Law Firm, PLLC today, at (304) 521-2451, for a consultation with a dedicated employment law attorney.