No West Virginia criminal law applies specifically to school and workplace sexual harassment. However, sexual harassment is considered a civil rights violation of U.S. and/or State discrimination laws in qualifying settings. Different laws apply to different settings and not all settings are covered.
Title VII of the Civil Rights Act of 1964. This federal act categorizes sexual harassment as a form of sex discrimination. It applies only in the following settings:
- Government offices (local, state and federal)
- Businesses with 15 or more employees
- Employment agencies
- Labor organizations
WVC §5-11. Legislative Rule Title 77. Under this West Virginia law, sexual harassment is not necessarily confined to unwanted sexual conduct. Hostile or physically aggressive behavior may also constitute sexual harassment, if it is based on gender.
This law offers protection from sexual harassment only in the following work settings:
- Schools
- Colleges