[Download] "State Ex Rel. State W. Va. Human Rights" by Supreme Court of Appeals of West Virginia # eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. State W. Va. Human Rights
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 11, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
1. In an action to redress unlawful discriminatory practices in employment and access to 'places of public accommodations' under The West Virginia Human Rights Act, as amended, W.Va. Code, 5-11-1 et seq., the burden is upon the complainant to prove by a preponderance of the evidence a prima facie case of discrimination. . . . If the complainant is successful in creating this rebuttable presumption of discrimination, the burden then shifts to the respondent to offer some legitimate and nondiscriminatory reason for the rejections. Should the respondent succeed in rebutting the presumption of discrimination, then the complainant has the opportunity to prove by a preponderance of the evidence that the reasons offered by the respondent were merely a pretext for the unlawful discrimination. Syl. pt, 3, in part, Shepherdstown VFD v. West Virginia Human Rights Commission, W.Va. , 309 S.E.2d 342 (1983). 2. A complainant in a disparate treatment, discriminatory discharge case brought under the West Virginia Human Rights Act, Code, 5-11-1, et seq., may meet the initial prima facie burden by proving, by a preponderance of the evidence, (1) that the complainant is a member of a group protected by the Act; (2) that the complainant was discharged, or forced to resign, from employment; and (3) that a nonmember of the protected group was not disciplined, or was disciplined less severely, than the complainant, though both engaged in similar conduct.