Category Archives: WV Human Rights Commission

WV Human Rights Act, WV Human Rights Commission, WV Legislation

The West Virginia Human Rights Act has moved!

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This is really just a heads up to other attorneys. I am still seeing a lot of lawyers incorrectly cite the West Virginia Human Rights Act to its prior location.

The West Virginia had been originally codified at § 5-11-1.

Because of the West Virginia legislature reorganizing last year various part of the West Virginia Code, the Human Rights Ac t has been relocated to W. Va. Code § 16B-17-1.

A bit of detail (probably more than you want):

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Contract Issues, Employee handbook, Family and Medical Leave Act (FMLA), Harless wrongful discharge, Title VII of the Civil Rights Act of 1964, Whitle blower claims (including Harless), Worker's compensation retaliation, WV Human Rights Act, WV Human Rights Commission

“At-Will” Employment in West Virginia: What It Really Means (and What It Doesn’t)

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Most folks in West Virginia—employers and employees alike—have heard the phrase “at-will employment.” It gets tossed around a lot, especially when someone’s been fired and is trying to figure out if it was legal. But like a lot of legal phrases, “at-will” means more (and sometimes less) than people assume.

In this article, we’re going to take a clear-eyed look at what at-will employment actually means under West Virginia law, the key exceptions to it, and how courts treat wrongful discharge claims. Whether you’re running a business or advising a worker, understanding these rules is crucial to avoiding (or pursuing) a lawsuit.

The Basic Rule: At-Will Employment Means Either Side Can Walk

The general rule in West Virginia—and most other states—is that employment is presumed to be at-will. That means an employer can terminate an employee for any reason, no reason, or even a bad reason, just not an illegal one. Similarly, employees can quit at any time without notice or explanation.

This doctrine has been around forever. It’s grounded in common law principles and reinforced by state court decisions. But, as always, the devil is in the details.

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Age Discrimination, Americans with Disabilities Act, Equal Employment Opportunity Commission, Title VII of the Civil Rights Act of 1964, WV Human Rights Act, WV Human Rights Commission

The Roles of the EEOC and the West Virginia Human Rights Commission in Workplace Discrimination Claims

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Workplace discrimination is a serious issue, and employees who believe they’ve been treated unfairly often turn to the Equal Employment Opportunity Commission (“EEOC”) or the West Virginia Human Rights Commission (“HRC”) for help. But what exactly do the EEOC and HRC do, and how does the complaint process work? Whether you’re an employer trying to stay compliant or an employee considering filing a claim, it is important to understand the EEOC’s and HRC’s roles.

What Is the EEOC?

The EEOC is the federal agency responsible for enforcing anti-discrimination laws in the workplace. It investigates complaints of discrimination based on race, sex, age, disability, national origin, religion, and other protected characteristics under laws like:

  • Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e-2)
  • The Age Discrimination in Employment Act (ADEA) (29 U.S.C. § 623)
  • The Americans with Disabilities Act (ADA) (42 U.S.C. § 12112)

The agency also enforces laws prohibiting retaliation, meaning an employer can’t punish an employee for filing a complaint or participating in an investigation.

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Attorney's Fees, Back and Front Pay Issues, Constructive discharge, Emotional Distress Damages, Employment policies, Hostile work environment, Prompt remedial action, Race discrimination, Result for Employee, Retaliation claims, WV Human Rights Act, WV Human Rights Commission, WV Supreme Court

The disastrous consequences of the N-word in the workplace. Just ask Dr. Laura!

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Okay, this article has nothing to do with Dr. Laura Schlessinger and her “rant” in which she used the N-word repeatedly on her radio program when responding to an African-American caller. But the ensuing controversy (see articles for and against Dr. Laura), and her decision to end her long-running radio program, highlight the extraordinary significance of the N-word term in American society.

The West Virginia Supreme Court recently dealt with the N-word in a case that highlights the great risks for employers when that word enters the workplace.

In PAR Electrical Contractors, Inc. v. Bevelle , 225 W. Va. 624, 695 S.E.2d 854, 2010 WL 2244096 (June 3, 2010) (per curiam), the West Virginia Supreme Court dealt with a claim of a racially based hostile work environment under the West Virginia Human Rights Act, and concluded that the West Virginia Human Rights Commission was justified in finding for the employee. The decision was unanimous. Click here for the WV Human Rights Commission‘s decision which was affirmed by the WV Supreme Court.

A Single Day, With the N-Word Again and Again

PAR Electrical was building “giant towers” for a high voltage electrical transmission line. Richard Wayne Bevelle was hired by PAR Electrical on March 22, 2005, and, after working as a “groundman” assembling the tower bases, was assigned to load helicopters with parts to construct the towers (this helicopter job was described as a “gravy job” by the Human Rights Commission). Mr. Bevelle is African-American.

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