Legal Question in Sexual Harassment in West Virginia

What constitutes sexual harrassment in the workplace?

My daughter is having problems at work,with rude and obscene language also false accusations, regarding her personal life,friends and associates. All of this is sexual in nature. Does she have any recourse? These people have gone as far as carving these rude obscenities into the woodwork and in the restroom doors. No one should be harrassed in this manner. These remarks are made in person in the lunch room and many other areas. Should any other info be needed regarding this matter feel free to contact me.


Asked on 10/27/99, 2:54 am

1 Answer from Attorneys

Re: What constitutes sexual harrassment in the workplace?

Tell me the details. What exactly has been said to her? By whom, by how many people, in person or on walls, in what order, etc. Use direct quotes of what your daughter told you and indicate which of those are direct quotes versus her explanation of the kinds of things being said. By whom was each said? How many such comments were there, over what period of time, and by how many people? Are they ALL sexual or are some just plain rude but non-sexual?

What kind of workplace is it? What is her job? How old is she? How long has she been there? Is she as offended as you? Has her direct boss or a superior of her boss or any management level person been involved? Is anyone at a level above her aware of what's being or has been said to her? If so, what actions have they taken to correct the situation, if any? Does the company publish any sort of policy on the subject? Do they claim to have a procedure for dealing with complaints (or doesn't she know because she hasn't registered a complaint? If she hasn't, and she is offended, why hasn't she ... is she afraid of something? What?)

Does your daughter think or suspect something about her warrants all this? What? When she told you, what was she expecting of you? Advice? Consolation? Just an ear?

How many employees are there at the firm? Do they do any government subcontracting? Are they for-profit or non-profit?

I'm [email protected] so you can write to me directly. After you do, and separately, ask her to answer the same list of questions in her own words privately, that is, without you looking over her shoulder.

When all is said and done, you'll have a complete story written up, I'll be able to express an opinion on it, and you two will be able to take action if you decide that it's a good idea to do so.

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Answered on 10/27/99, 9:23 pm


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