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Currently Browsing:workplace discrimination

The Duty To Mitigate Damages in Employment Cases–What Does It Mean?

In many civil cases, plaintiffs or claimants are required to mitigate or minimize their damages by undertaking reasonable efforts to do so. In employment cases, W.Va. Code §55-7E-1 through 3 (enacted in 2015) requires you in any employment action taken against a current or former employer to mitigate your wage losses regardless if your action […]

Coal Miners Discrimination / Retaliation Claims Under W.Va. Code 22A-1-22 et seq: Miners Reporting Safety Concerns

Mining is a hazardous occupation. Although companies in our state have instituted safety programs and gone beyond the extreme dangers and risks that once plagued the industry, there continue to be abuses. Safety is or should be the number one priority in the mining industry. Explosions, toxic fumes, methane and coal dust explosions, collisions, fires, […]

Whistleblower Claims Under W.Va. Code 6C-1-1 et seq.

Whistleblowers are employees who bring to the attention of their employer or to the proper authorities allegations of fraud, abuse, other illegal conduct or waste on the part of an employer. West Virginia law offers protection to public employees from retaliation by their employer pursuant to WVa Code 6C-1-1 Et. Seq. Retaliatory measures against whistleblowers […]

The West Virginia Workplace Freedom Act: What It Means For You

Earlier this year, on February 12th, the West Virginia Legislature overrode Governor Earl Ray Tomblin’s veto and passed the highly polarizing West Virginia Workplace Freedom Act. By an 18-16 party line vote in the West Virginia Senate and a 54-43 vote in the West Virginia House of Delegates, West Virginia became the 26th state to […]

Worker’s Compensation Discrimination. What is it?

West Virginia’s workers and employers participate in a statutorily mandated insurance program that provides immunity from civil lawsuits (in most cases) where workplace accidents occur, regardless of the fault of the worker or employer. This is known generally as “Worker’s Compensation” or “worker’s comp” and found in Chapter 23 of the West Virginia Code. In […]

Are You Accommodating? Fulfilling Requirements of Religious Accommodations

Employers and employees need to be aware of the possibility of religious-discrimination claims in the workplace.  Employees can require certain accommodations to be made under the U.S. Equal Employment Opportunity Commission’s interpretation of Title VII of the Civil Rights Act.  Specifics of the Act can be read here.  How to know if Title VII applies […]