Charleston, WV Disability Discrimination Lawyers

West Virginia Disability Discrimination Law and Employee Rights

In West Virginia, the Americans with Disabilities Act (ADA) and the West Virginia Human Rights Act (WVHR) protect employees from disability discrimination. 

These laws make it illegal for an employer to discriminate against an individual with a disability. It is also illegal for an employer to treat an individual as having an impairment, regardless of whether that individual has a physical or mental impairment. 

Under these laws, an applicant or employee is protected from disability discrimination at any point in the employment process. This also protects employees injured on the job who may need temporary accommodation to return to full duty. An employer cannot discriminate against an employee after they are injured or treat them differently after they are injured or become disabled.

Compensation for Disability Discrimination in West Virginia

If your employer fails to accommodate your injury or disability or permits discriminatory behavior because of your disability or injury, you may be entitled to the following damages:

• Lost wages (back pay and front pay)
• Emotional distress/mental anguish
• Loss of dignity, embarrassment, humiliation
• Punitive damages
• Job reinstatement

What Proof Do I Need in a Disability Discrimination Claim?

The following types of proof are critical in building a solid case:

• Evidence of Your Disability: First and foremost, you must prove that you have a qualifying disability under the ADA. This can include physical or mental impairments that substantially limit one or more major life activities. Medical records, doctor’s notes, and other documentation of your condition can be used as evidence of your disability.
• Employer’s Knowledge of Your Disability: You must show that your employer was aware of your disability at the time of the alleged discriminatory action. This can be proven through emails, letters, or other communication where you disclosed your disability or requested accommodations. In some cases, your employer’s knowledge of your disability may be implied based on the circumstances.
• Failure to Provide Reasonable Accommodations: If your claim is based on an employer’s refusal to accommodate your disability, you will need to show that the accommodation you requested was reasonable and would not have caused undue hardship to the company. Evidence can include records of your accommodation requests, any responses from your employer, and documentation of the interactive process (if it occurred).
• Discriminatory Actions: To prove discrimination, you must establish that you were treated unfavorably due to your disability. Evidence of this may include:
  • Written or verbal communication from your employer that references your disability as a reason for adverse employment actions (e.g., demotion, termination, or refusal to promote).
  • Comparisons showing that similarly situated employees without disabilities were treated more favorably.
  • Testimonies from coworkers, supervisors, or others who witnessed discriminatory behavior or decision-making.
• Hostile Work Environment or Harassment: If your claim involves harassment or a hostile work environment, you will need to demonstrate that the behavior was severe or pervasive enough to create an abusive working environment. Evidence may include:
  • Witness statements or recordings of discriminatory comments or actions.
  • Records of complaints you made to your employer and any responses.
  • Documentation of how the harassment affected your job performance or mental health.
• Retaliation Evidence: If you faced retaliation after requesting accommodations or filing a complaint, you will need to show that the retaliatory actions were directly linked to your request or complaint. Evidence of timing (e.g., you were terminated shortly after requesting accommodations) and any written or verbal threats can support your claim.

Types of Disabilities Protected Under the ADA and WVHR

Both the Americans with Disabilities Act (ADA) and the West Virginia Human Rights Act (WVHR) protect individuals with a wide range of disabilities. These laws ensure that employees are not discriminated against due to their condition and that reasonable accommodations are provided when needed.

• Physical Disabilities – These include mobility impairments, chronic illnesses like diabetes or heart disease, and other conditions that impact physical function.
• Mental Health Conditions – Disabilities such as depression, anxiety, PTSD, and bipolar disorder are also protected. Employers must provide accommodations like adjusted work schedules or additional breaks if necessary.
• Temporary Disabilities – If you are recovering from surgery or have a work-related injury that temporarily limits your ability to work, you may still be entitled to reasonable accommodations.
• Sensory Disabilities – Conditions affecting vision or hearing, such as blindness, deafness, or partial impairments, require employers to offer reasonable adjustments like sign language interpreters or screen reader software.

Failure to Accommodate vs. Disability Discrimination

Many people confuse failure to accommodate with direct discrimination, but they are legally distinct.

• Failure to Accommodate occurs when an employer does not make reasonable adjustments that would allow a disabled employee to perform their job.
  • Examples of reasonable accommodations include:
    • Modified work schedules
    • Remote work options
    • Assistive technology
    • Reserved parking spaces
• Disability Discrimination happens when an employer takes negative actions against an employee due to their disability.
  • This may include:
    • Firing or demoting an employee because of their condition
    • Harassment or creating a hostile work environment
    • Unequal pay or benefits based on disability

If your employer refuses to accommodate you, document your request in writing and seek legal advice.

How to File a Disability Discrimination Complaint

If you experience discrimination or your employer refuses reasonable accommodations, you have the right to file a complaint.

Steps to Take Before Filing a Claim:

• Document Everything – Keep records of your accommodation requests, any responses from your employer, and incidents of discrimination.
• Report Internally – File a formal complaint with your HR department before taking legal action.
• Consult a Lawyer – A disability discrimination attorney can help you understand your rights and the strength of your case.

Where to File:

• Equal Employment Opportunity Commission (EEOC) – Handles federal workplace discrimination claims.
• West Virginia Human Rights Commission – Investigates state-level discrimination cases.

Deadlines for Filing:

• EEOC Complaints – Must be filed within 180 days of the discriminatory act.
• West Virginia Complaints – Typically must be filed within 365 days of the incident.

If you believe your rights have been violated, take action as soon as possible to protect your claim.

Frequently Asked Questions (FAQs) About Disability Discrimination

Can my employer ask about my disability during a job interview?

• No. Employers cannot ask about your medical conditions or disabilities during the hiring process. However, they can ask if you are able to perform the essential duties of the job with or without accommodations.

Do I have to tell my employer about my disability?

• Not necessarily. You are not required to disclose your disability unless you are requesting a reasonable accommodation. If you need adjustments to perform your job, you will need to inform your employer about your condition in a general way.

What should I do if my employer refuses to discuss accommodations with me?

• Your employer is required by law to engage in an interactive process to determine a reasonable accommodation. If they refuse to discuss your request, document all communication and seek legal advice as this may be a violation of your rights.

Can I be fired for taking medical leave due to my disability?

• No. If you qualify for FMLA (Family and Medical Leave Act) or another job-protected leave, your employer cannot legally fire you for taking time off due to your disability or medical condition.

What if my employer claims my accommodation request is too expensive?

• Employers only have to provide accommodations that do not cause an undue hardship on the company. However, many accommodations are low-cost or free. If an employer refuses without proving undue hardship, they may be violating the law.

Can I file a claim if I was harassed because of my disability?

• Yes. Harassment, such as offensive jokes, intimidation, or a hostile work environment, is a form of disability discrimination. You should report it to HR and document incidents before taking legal action.

Contact Our Charleston Disability Discrimination Attorney Today 

At Bailess Law Firm, our workplace discrimination lawyers understand how important your job is to your livelihood. We also recognize the immense contributions folks with disabilities make to our nation’s workforce, holding over 18 million jobs in the United States. You have a right to carry out your job duties without fear of harassment or retaliation. If you are injured, you have a right to request a reasonable accommodation so you can carry out your job and do it without being made fun of or harassed by your employer. 

Our attorneys do not sit by while employers discriminate against, retaliate against, or deny employees’ requests for reasonable accommodations. If you’ve been injured or are disabled and your employer has failed to accommodate you or has engaged in unfair conduct, our West Virginia Disability Discrimination Lawyers can help. 

Denied accommodations or facing retaliation? Don’t let your employer violate your rights. Contact us now at (304) 841-0037 to discuss your case.