Workplace Sexism

The supervisor may be creating a "hostile work environment" which constitutes sex discrimination prohibited by the West Virginia Human Rights Act (as well as Title VII under feder law).  Where the conduct of employees (and it does not necessarily have to be a supervisor) creates a "sexually charged" environment which is sufficiently pervasive that it interferes with a reasonable person's ability to perform the functions of their job(s), a "sexually hostile work environment" may exist.  Remember that a single event or even a series of such events over a longer period of time might be considered "shop talk" and may not be considered "sufficiently pervasive" to create the hostile work environment. Where a supervisor is the one creating the hostile work environment, the employer would be charged with knowledge of, and acquesence to, the conduct in most cases.  As such, the employer could be liable for the conduct. We regularly provide training for our clients designed to assist them in detecting and preventing such conduct.  We point out that under West Virginia law, not only the employer but also an individual supervisor may be held liable for any violation, and we teach that the employer should not tolerate such conduct. I suggest you contact the West Virginia Human Rights Commission.