Sexual Orientation Discrimination in the Workplace in WV
In recent years, many states and municipalities across the United States have sought to enact statutes and ordinances to include "sexual orientation" amongst the classes traditionally protected from discrimination. West Virginia (WV) has followed…
December 11, 2017
Age Discrimination Based on WV Substantially Younger Rule
No matter where you do business, it is important to know the legal standards that apply to potential employee lawsuits, including age discrimination claims. Since 1996, federal age discrimination cases have been governed by the “substantially…
December 28, 2017
Sexual Harassment and Arbitration: More News Equals More New Legislation
What do Senator Al Franken and President Donald Trump have in common? As it turns out, quite a bit: Both men were born in New York City, simultaneously belonged to the Democratic party for many years, attended prestigious East Coast…
January 11, 2018
What’s an Employer to Do? Addressing Workplace Harassment in the #MeToo Era
I have lost track of the number of times in my 27-year career—usually when giving a seminar presentation—that I have been asked the question, “How can I keep from being sued?” My response never varies, “You…
January 16, 2018
WV Tobacco Use Discrimination: What Employers Need to Know
Employers in the Mountain State need to know that West Virginia (WV) law prohibits discrimination against employees who use tobacco products while not at work. Commonly known as a “smoker protection law,” the WV tobacco use discrimination…
February 13, 2018
House Bill 2159 against Bullying in the Workplace in West Virginia
tel:3045232100The issue of bullying in the workplace in West Virginia has come front and center in recent years, especially with the widespread use of social media and the ability of a person or people to, directly or anonymously, threaten, demean,…
March 19, 2018
WV Employer Retaliation Defense and Prevention
West Virginia (WV) employers are required by law to provide a workplace that is free from discrimination and harassment. Solidly crafted and enforced employment policies can create a culture that values diversity and deters discrimination. However,…
February 21, 2019
Confronting Unconscious Bias in WV—A Wise Move for Employers
We all have personal preferences, and sometimes we don't really know why we favor one thing over another; we just do. These subconscious inclinations impact our daily decision-making, even at work. West Virginia workplaces are affected by the…
March 07, 2019
Avoiding and Defending Failure to Hire Claims: What You Should Know
Discrimination in the workplace can occur before a hire is even made. The laws barring workplace discrimination run the gamut of the employment process, including the pre-employment phase. Employers must be aware of what conduct is permissible and…
April 23, 2019
Avoiding WV Employment Discrimination Extends Beyond #MeToo
The #MeToo Movement has certainly grabbed its share of headlines, but sexual harassment is not the only form of workplace discrimination that employers must address. Being conscientious of all protected classes is critical to…
May 02, 2019