Trial Lawyers Defend West Virginia Businesses in Employee Sexual Harassment Claims
Charleston law firm protects your company’s reputation and bottom line
Allegations of sexual harassment in the workplace can expose employers to potentially serious liability. If you head a company in West Virginia, you cannot be lax about enforcing policies against sexual harassment. Yet even diligent managers can fall victim if employees commit unlawful acts against people they work with or supervise. In addition, allegations of sexual harassment are sometimes brought without foundation. In either case, the experienced employment lawyers at Pullin, Fowler, Flanagan, Brown & Poe can provide practical and effective defense counsel.
Understanding the laws against sexual harassment
Sexual harassment is a type of discriminatory practice prohibited by Title VII of the U.S. Code. It can take one of these two forms:
- Quid pro quo — This means a supervisor makes unwanted sexual advances toward a subordinate and, depending on how the worker responds, alters work conditions to reward or punish.
- Hostile work environment — In this scenario, the workplace is so pervaded by sexual conduct, talk or behavior that a reasonable person feels oppressed and finds it impossible to focus on job tasks.
Sexual harassment claims can expose a company to liability for economic and noneconomic damages that include the following:
- Back pay — Employees who were constructively discharged due to sexual harassment are entitled to receive would have earned if not for the interruption in employment.
- Front pay — Employees who do not return to the company after a constructive discharge may be compensated for estimated future earnings.
- Compensatory damages — Employers may have to compensate affected workers for emotional distress, for loss of enjoyment of life and for offense, humiliation and intimidation suffered.
- Punitive damages — In particularly egregious cases, a court can order payments to punish the company for flouting the law.
- Legal expenses — Plaintiffs who win their cases may be entitled to payments that cover reasonable attorneys’ fees and court costs.
Once you retain us as your employment litigation counsel, we begin working immediately to ascertain the facts and to take actions to limit your company’s exposure to liability.
Decisive action can be your best defense
Our firm offers thorough representation that begins with advice on how to respond in the wake of a sexual harassment complaint and how to avoid actions that may imperil your defense. We conduct an internal investigation, assemble evidence — including work records and testimony from involved parties — and preserve material documentation and communications.
We conduct ourselves with the utmost professionalism, maintaining confidentiality to protect individual privacy and the company’s reputation. We present our assessment of the case and recommend legal strategies for pursuing the best possible outcome. Most harassment cases settle without going to trial, but if a trial is necessary to ensure justice, you can rely on our proven courtroom skills.
Preventive strategies to avoid complaints and limit liability
Our employment lawyers advise companies on how to develop and implement policies for prevention of sexual harassment. Companies that have clearly communicated rules, effective reporting mechanisms and protocols for resolving disputes can reduce the likelihood of complaints. Such measures can also serve to protect the company from liability for actions of employees that may amount to harassment. With advice from our legal team, you can take proactive measures based on established best practices to create a corporate culture that promotes open communication and dispels fear of retaliation.
Contact a law firm experienced in sexual harassment defense
Pullin, Fowler, Flanagan, Brown & Poe provides sexual harassment defense representation for businesses throughout West Virginia, Ohio, and Kentucky. Call us at 304-344-0100 or contact us online to learn how we can help you.
