West Virginia Sexual Harassment: What you need to know

The West Virginia Human Rights Act prohibits discrimination in employment based on sex (WV Code Sec. 5-11-1 et seq.). The West Virginia Supreme Court has ruled that sexual harassment is a form of sex discrimination under the state Human Rights Act (Westmoreland Coal Co. v. West Virginia Human Rights Cmsn., 382 S.E.2d 562 (1989)).
The Act applies to all public employers and private employers with 12 or more employees.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
The rules of the state Human Rights Commission (WV Admin. Code Sec. 77-4-1 et seq.) define "sexual harassment" as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when:
• Submission to or rejection of the conduct is made a term or condition of an individual's employment or is exchanged for job benefits,
• Submission to or rejection of the conduct is used as the basis for employment decisions affecting the individual, or
• The conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.
In order for conduct to rise to the level of sexual harassment, it must be severe or pervasive, involving either unwelcome touching, offensive or threatening verbal abuse, or unwelcome and consistent sexual innuendo or physical contact. When considering a complaint of sexual harassment, the Commission will consider the frequency with which the conduct occurred, whether other individuals have similar complaints, and the context within which the conduct occurred.
Evidence of harassment. The 4th Circuit Court of Appeals ruled that a former employee could proceed to trial because she presented sufficient evidence that her supervisor directed his ...

>> Read more about Sexual Harassment

More on this topic:

State Requirements

National | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming |

West Virginia Sexual Harassment Resources

Sexual Harassment Products

Sexual Harassment: What You Need to Know PowerPoint® Kit
This new kit is your ready-to-use powerful training session designed to stamp out sexual harassment in your workplace. The combination of Employee Booklets and 30-slide PowerPoint® session gives you everything you need to make sure your employees understand what is acceptable and what is not!"
TrainingToday - CA Sexual Harassment Prevention and Response
The turn-key training tool for effectively educating supervisors about California's sexual harassment prevention and response laws. "
Sexual Harassment Toolkit
Stop workplace sexual harassment before it starts with powerful PowerPoint® training slides, sample policies, case studies and EEOC guidance in this Toolkit. Includes everything you need from complete slides to handouts and quizzes. Presentation includes definitions and types of sexual harassment in the workplace, how to prevent, report, and handle a complaint."
TrainingToday - HR
The turnkey training tool to cost-effectively start and run your employee training and testing program."
How to Recognize and Prevent Sexual Harassment in the Workplace
This best-selling booklet puts clear, easy-to-understand, training help in the hands of all your employees. Helps educate your staff on the often confusing subject of what constitutes sexual harassment at the same time it prevents expensive and disastrous sexual harassment lawsuits and claims. "
Free Special Reports
Get Your FREE HR Management Special Report. Download Any One Of These FREE Special Reports, Instantly!
Featured Special Report
Claim Your Free Copy of Critical HR Recordkeeping

Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
Download Now!

This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

Topics covered:
1. Hiring Records
2. Employment Relationships
3. Termination Records
4. Litigation Issues
5. Electronic Information Issues
6. Tips for Better Recordkeeping
7. A List of Legal Requirements

Make sure you have the information you need to know to keep your records in order.