Do I have to report harassment to my employer first?

You do not have to, but reporting internally can strengthen your legal case and may be required by employer policy. Filing with a government agency preserves your legal rights.

How long do I have to file?

You have Not stated here — the previously cited W. Va. Code § 5-11-13 has been repealed; confirm the current deadline with the West Virginia Human Rights Commission to file with the state agency.

Can men be victims of sexual harassment?

Yes. Sexual harassment laws protect all employees regardless of gender. Same-sex harassment is also actionable.

What damages are available?

You may recover compensatory damages, back pay, front pay, emotional distress damages, attorney fees, and in some cases punitive damages.

Topic guideUpdated 2026-02-27

Sexual Harassment in the West Virginia Workplace — Your Rights

What constitutes sexual harassment, employer obligations, and how to file a complaint in West Virginia.

Covered under the West Virginia Human Rights Act as a form of sex discrimination; applies to covered employers meeting a statutory minimum-size threshold; confirm coverage with a lawyer; both quid pro quo and hostile work environment claims recognized under state law.

What Constitutes Sexual Harassment?

Quid pro quo — conditioning employment benefits on submission to sexual advances

Hostile work environment — unwelcome conduct based on sex that is severe or pervasive enough to alter working conditions

Employer Obligations

Maintain a workplace free from sexual harassment

Promptly investigate complaints of harassment

Take corrective action to stop harassment and prevent recurrence

Not retaliate against employees who report harassment

Filing a Harassment Complaint

	Details
State Agency	West Virginia Human Rights Commission (WVHRC)
State Deadline	Not stated here — the previously cited W. Va. Code § 5-11-13 has been repealed; confirm the current deadline with the West Virginia Human Rights Commission
Federal Agency	EEOC
Federal Deadline	180 or 300 days depending on deferral [42 U.S.C. § 2000e-5]

⚠Document every incident: dates, times, locations, witnesses, and what was said or done.

✓You do not have to use the internal complaint process before filing with a state or federal agency, but doing so can strengthen your case.

Prepare for Your Consultation

Quick checklist (Employment Law)

Gather these before your first consultation.

Employment records

(pay stubs, contracts, offer letters)

Communication evidence

(emails, texts, performance reviews)

Witness information

(coworkers who can corroborate)

General preparation tips only. Specific needs depend on your state and employment situation.

No Obligation

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Common Questions