A Law Firm Representing the Rights of Employees and the Victims of Wrongful Injury

Anyone who has suffered a serious personal injury or who has had a loved one suffer a serious personal injury knows that the loss is not limited to medical expenses and income alone. The injured person not only suffers from the pain of the personal injury, he or she also endures an injury to the quality of life as well as depression and other emotional injuries. Serious personal injuries can devastate both the injured person and his or her family.

Employers in West Virginia (WV) are prohibited by state and federal law from discriminating against or retaliating against current or prospective employees in hiring, promotion, firing, and other terms and conditions of employment. A person who believes he or she has a WV employment discrimination claim or an employment retaliation claim has a number of options under state and federal law. The experienced WV employment discrimination attorneys of Allan N. Karlin & Associates PLLC help victims of discrimination understand their rights and identify the best options to move their cases forward.

Why Victims of Discrimination Need WV Employment Discrimination Attorneys

The remedies for WV workplace discrimination or retaliation depend, in part, on whether the employer is public or private and, if the employer is private, the number of employees who work for the employer. The choices are further complicated by the fact that different filing deadlines apply depending on the type of claim that the employee decides to pursue. Thus, individuals who think they may have a claim for employment discrimination should consult with WV employment discrimination attorneys without delay to make sure that they do not miss any of the applicable deadlines. 

 

 

What Situations Call for a WV Employment Discrimination or Retaliation Claim?

Employment discrimination on the basis of race, national origin, gender, age (over the age of 40), blindness, disability, or pregnancy is prohibited by state and federal law. A WV employment discrimination claim can arise from workplace incidents involving the following:

 

·         Gender discrimination;An image of four silhouettes, representing the various people who can be impacted by WV workplace discrimination and need the assistance of WV employment discrimination attorneys from Allan N. Karlin & Associates PLLC.

·         Sexual harassment;

·         Race discrimination;

·         Disability discrimination;

·         Age discrimination;

·         Religious discrimination; or

·         Pregnancy discrimination.

 

An employer is also prohibited from retaliating against an employee in WV because the employee complained about or reported discrimination or the employee opposed actions taken by the employer that violate antidiscrimination laws. 

 

WV law also protects employees from discrimination in any manner by their employer because the employee filed a workers’ compensation claim.

 

Other protections from wrongful and retaliatory firings are discussed under the “Wrongful Termination” section.

 

If you have experienced WV workplace discrimination or workplace retaliation, you should contact lawyers for unfair treatment at work for help exploring the possible forms of recourse.

 

Federal Laws Prohibiting Workplace Discrimination

Various federal statutes prohibit and regulate discrimination in the workplace. This body of law includes the following:

 

·         The Civil Rights Act of 1991;

·         Title VII of the Civil Rights Act of 1964;

·         The Rehabilitation Act of 1973;

·         The Americans with Disabilities Act (ADA);

·         The Age Discrimination in Employment Act (ADEA);

·         The Pregnancy Discrimination Act of 1978 (PDA);

·         The Uniform Services Employment and Reemployment Rights Act (USERRA);

·         The Genetic Information Nondiscrimination Act of 2008;

·         The Family and Medical Leave Act (FMLA);

·         The Fair Labor Standards Act (FLSA);

·         The Equal Pay Act of 1963; and

·         The Lilly Ledbetter Fair Pay Act of 2009.

 

 

WV Employee Rights and Workplace Discrimination Laws

The WV Human Rights Act prohibits employment discrimination on the basis of “race, religion, color, national origin, ancestry, sex, age, blindness, or handicap.” Sometimes additional legislation further defines those protections. For example, the WV Pregnant Workers’ Fairness Act (PWFA) protects a woman’s right to work while pregnant by requiring employers to provide accommodations for a worker’s pregnancy, childbirth, and any pregnancy-related medical conditions just as the employer would for a disability.

 

When WV employee rights are violated, victims can file a WV employment discrimination or retaliation claim with the WV Human Rights Commission (WVHRC). Or the victim of employment discrimination or retaliation under the Human Rights Act can also file a lawsuit in the courts of WV without going through the administrative process.

 

Also, WV Code § 23-5A-1 provides a remedy for discrimination against an employee who has filed a workers’ compensation claim.

 

In addition to state regulations, several municipalities in WV have passed civil rights protections that apply to employment. For example, Morgantown’s City Council created the Morgantown Human Rights Commission in 2001. This group is tasked with providing leadership on and “addressing community interaction and fairness concerns.” Complaints can be filed with the Commission when various forms of discrimination—including WV workplace discrimination—occur within the city.

 

When Should You Contact WV Employment Discrimination Attorneys?

Clearly, many different regulations and laws govern WV employee rights and workplace discrimination claims. Lawyers for unfair treatment at work, like the WV employment discrimination attorneys at Allan N. Karlin & Associates PLLC, can help you understand which laws apply to your situation and how to best approach, investigate, and file your WV employment discrimination claim. Contact the firm by calling 304-296-8266 or 800-540-2159 to learn more, or complete the firm’s online contact form to schedule a consultation.

 

Medical negligence is an act or omission by a health care provider in which the treatment provided falls below the accepted standard of care.  Health care providers -- doctors, nurses, hospitals -- make mistakes, the same as everyone else.  In law, mistakes are sometimes referred to as "negligence."  Bringing a lawsuit to recover for those damages is a reasonable step and one with which our firm has helped other people. 

Most employees who work for private employers are considered "at will employees." This means they can be fired for any reason or for no reason. This seems unfair to most people, but it is the law. Fortunately, there are a few exceptions.

Civil rights cases involve violations of constitutional rights by agents of the state or federal government.  Examples of civil rights cases include the  denial of free speech rights by the state or federal government, the denial of Due Process rights, and violations of civil rights by police officers or other governmental officials.  Both West Virginia and federal law provides remedies for those whose civil rights have been violated.

Hostile environment sexual harassment involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which unreasonably interfere with an individual's work performance or create an intimidating, hostile, or offensive working environment. Sexual harassment can be from a member of the opposite sex or the same sex.