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.

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. 

Contact Bailess Law Firm at (304) 841-0037 or schedule your free consultation today to get started with our disability discrimination lawyers in Charleston.