West Virginia Sexual Harassment Prevention Training Requirements

West Virginia’s Administrative Rules Regarding Sexual Harassment and W. Va. Admin Code s 77-4-3.5 recommends employers give all employees sexual harassment and prevention training. The West Virginia Human Rights Act and the West Virginia Pregnant Workers’ Fairness Act  restrict workplace harassment and employment discrimination based on protected characteristics.

Avoiding discrimination and harassment in the workplace could lead to irreparable damage to your organization. Unaddressed issues typically lead to a hostile work environment. Due to victims' fear of retaliation or assumptions that no formal process for reporting inappropriate behavior has been integrated, situations can deteriorate and become more severe. If discrimination and harassment are not held in check within the workplace, this can lead to absenteeism, higher turnover, reputational damage, and costly litigation cases.

Regardless of whether your organization is mandated by state law to offer sexual harassment prevention training, all businesses should incorporate sexual harassment prevention training into their company culture and HR best practices. An organization's harassment prevention approach can serve as a stepping stone in protecting employees and preventing sexual harassment, which can result in expensive lawsuits and a hostile work environment. Sexual harassment training allows employers to engage employees in the process of reducing sexual harassment by presenting them as active advocates or bystanders rather than perpetrators or victims. This assists in educating employees on the various components of sexual harassment in order to raise their awareness and help them implement what they have learned in the workplace.

A sexual harassment prevention training program for employees is not currently mandated by the federal government for state or private organizations but it is highly recommended by the U.S. Equal Employment Opportunity Commission (EEOC).

The EEOC is the federal organization in charge of defining and enforcing sexual harassment and discrimination legislation. Their responsibility in an investigation is to thoroughly and accurately evaluate charges before reaching a conclusion. If discrimination is discovered, the EEOC will work to resolve the issue. In the event that they are unsuccessful, the EEOC has the right to file a lawsuit to defend individual rights and the interests of the general public.