Workplace harassment is a serious issue that can lead to legal trouble for employers and create a toxic work environment for employees. While most people think of harassment in terms of sexual misconduct, the law covers a much broader range of behaviors. Understanding what constitutes workplace harassment and how to handle it is crucial for both employers and employees.
What Is Workplace Harassment?
Harassment is defined as unwelcome conduct based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information (42 U.S.C. §2000e‑2(a)). It becomes illegal when:
- Enduring the offensive conduct becomes a condition of continued employment, or
- The conduct is severe or pervasive enough to create a hostile work environment (Meritor Sav. Bank v. Vinson, 477 U.S. 57 (1986)).
Harassment isn’t just about inappropriate jokes or unwanted advances—it can include threats, intimidation, offensive images, or even workplace policies that disproportionately affect certain groups.
Employer Responsibilities
Employers have a legal duty to prevent and address workplace harassment. Under Title VII of the Civil Rights Act, employers can be held liable for harassment if they knew (or should have known) about it and failed to take corrective action (Faragher v. City of Boca Raton, 524 U.S. 775 (1998)).
To reduce the risk of liability, employers should:
- Implement clear anti-harassment policies.
- Provide regular training to employees and managers.
- Establish effective reporting procedures.
- Take all complaints seriously and investigate promptly.
Employee Rights and Actions
Employees have the right to work in an environment free from harassment. If they experience harassment, they should:
- Document incidents, including dates, times, and witnesses.
- Report the behavior using their employer’s internal complaint process.
- File a charge with the Equal Employment Opportunity Commission (EEOC) (29 C.F.R. §1601.6) or the West Virginia Human Rights Commission (regulations are here) if the employer does not take action.
Retaliation for reporting harassment is illegal. Employees who face retaliation can file additional claims under federal and state laws (42 U.S.C. §2000e‑3(a)).
West Virginia-Specific Considerations
In addition to federal protections, West Virginia law prohibits workplace harassment under the West Virginia Human Rights Act (W. Va. Code §16B-17–9). This law provides additional protections for workers and applies to employers with 12 or more employees.
West Virginia courts have also recognized claims for constructive discharge, where an employee resigns due to intolerable working conditions caused by harassment (Hanlon v. Chambers, 464 S.E.2d 741 (W. Va. 1995)).
Best Practices for a Safe Workplace
Both employers and employees can contribute to a respectful work environment by:
- Encouraging open communication about workplace issues.
- Respecting boundaries and diverse perspectives.
- Reporting and addressing inappropriate behavior before it escalates.
By fostering a culture of accountability and respect, employers can reduce legal risks while employees can feel more secure in their workplaces.
Conclusion
Workplace harassment is a significant issue with legal and ethical implications. Employers must take proactive steps to prevent it, while employees should understand their rights and how to address misconduct. By working together, businesses can create a safer, more inclusive work environment.
