Best Sexual Harassment Lawyers in Virginia

About Sexual Harassment Law in Virginia, United States

Sexual harassment is a form of discrimination that is both prohibited by federal and state laws in Virginia. It generally refers to unwelcome sexual advances, requests for sexual favors, or other verbal or physical harassment of a sexual nature in the workplace, educational institutions, or other settings. While federal laws like Title VII of the Civil Rights Act of 1964 cover sexual harassment, Virginia has also enacted laws and regulations to protect people within the state from such conduct. Understanding your rights and the laws that apply can be crucial in protecting yourself and seeking remedies if you are a victim of sexual harassment.

Why You May Need a Lawyer

Dealing with sexual harassment can be overwhelming and emotionally draining. You may need a lawyer if:

• You are experiencing sexual harassment at work or school and are unsure about your rights
• Your employer, supervisor, or authority figure has failed to address or prevent harassment after you reported it
• You have faced retaliation, like being fired, demoted, or harassed further, for reporting sexual harassment
• You need guidance navigating the complaints processes with your employer, school, or a government agency
• You are considering filing a civil lawsuit for damages resulting from sexual harassment
• You need help understanding deadlines for filing claims and preserving evidence
• You want to settle a complaint privately, or are facing a lawsuit for alleged sexual harassment

A legal professional who is familiar with Virginia’s sexual harassment laws can help you understand your options, protect your rights, and seek justice.

Local Laws Overview

Virginia law protects individuals from sexual harassment in both public and private sectors. Some key aspects include:

• The Virginia Human Rights Act (VHRA) prohibits discrimination based on sex, which covers sexual harassment, in employment settings with five or more employees.
• Federal protections under Title VII of the Civil Rights Act apply to employers with 15 or more employees.
• Schools, colleges, and universities are required to have procedures for addressing sexual harassment under Title IX and state law.
• The law defines two main types of sexual harassment: quid pro quo (when submission to conduct is made a condition of employment or benefits) and hostile work environment (when conduct is so severe or pervasive it creates an intimidating or abusive working environment).
• Retaliation for reporting sexual harassment, participating in an investigation, or opposing discrimination is illegal under both state and federal laws.
• Victims of sexual harassment in Virginia typically have 300 days to file a charge with the Equal Employment Opportunity Commission (EEOC), while state law allows a lawsuit to be filed within a certain time after specific administrative steps are completed.
• The law protects individuals from harassment regardless of gender, sexual orientation, or gender identity.

Frequently Asked Questions

What is considered sexual harassment under Virginia law?

Sexual harassment in Virginia includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. This conduct must create a hostile, intimidating, or offensive working or educational environment, or be a condition for employment or benefits.

Can men be victims of sexual harassment?

Yes, anyone regardless of gender or gender identity can be a victim of sexual harassment. The laws protect all individuals equally.

What should I do if I experience sexual harassment at work?

Document each incident in detail, follow your company’s procedures for reporting harassment, and consider consulting a lawyer for advice on your rights and the next steps.

Does the law protect me from retaliation?

Yes, both Virginia and federal law prohibit employers from retaliating against employees who report sexual harassment, participate in investigations, or oppose discriminatory practices.

How much time do I have to file a complaint?

You typically have 300 days from the date of the most recent harassment to file a claim with the EEOC. Virginia law may have additional time limits, so it is wise to act promptly.

What kind of compensation can I receive if I prove my case?

Victims of proven sexual harassment may be entitled to compensation such as back pay, front pay, reinstatement, emotional distress damages, punitive damages, and payment of legal costs.

Does Virginia law cover small workplaces?

Yes, the Virginia Human Rights Act applies to employers with five or more employees, which is more inclusive than federal law’s requirement of 15 or more employees.

Is it harassment if the conduct was not directed at me personally?

Potentially, yes. Witnessing severe or pervasive sexual harassment directed at others in your workplace or school can contribute to a hostile environment, and you may still have legal rights.

What if I am accused of sexual harassment?

You have the right to defend yourself against accusations. Seek legal counsel immediately to understand your rights, gather evidence, and respond appropriately to your employer or legal authorities.

Can I remain anonymous when filing a complaint?

While some agencies try to keep complaints confidential, anonymity may not always be guaranteed if an investigation proceeds. Consult a lawyer for advice on privacy and how to protect your interests during the complaint process.

Additional Resources

If you need more information or help, consider reaching out to:

• The Equal Employment Opportunity Commission (EEOC) - Handles federal discrimination and harassment complaints.
• Virginia Division of Human Rights (DHR) - Enforces the Virginia Human Rights Act and investigates discrimination claims.
• Virginia Sexual and Domestic Violence Action Alliance - Provides resources and support for sexual violence victims.
• Local Legal Aid Societies - May offer free or low-cost legal advice to eligible individuals.
• Human Resources or Title IX Coordinator at your workplace or school - Can provide information on internal procedures and support.

Next Steps

If you believe you have experienced sexual harassment, consider the following steps:

• Document incidents in as much detail as possible, including dates, times, descriptions, and witnesses
• Review your employer’s or school’s policy on harassment and follow reporting procedures
• Contact a lawyer who has experience in handling sexual harassment or employment law cases in Virginia
• File a complaint with the EEOC or the Virginia Division of Human Rights, if necessary
• Seek support from advocacy organizations or counseling services, as the process can be stressful

Having a knowledgeable legal professional on your side can help guide you through each step and ensure your rights are protected. Do not wait to seek help if you need it.