(304) 523-2100 Huntington, WV

(304) 521-4571 Clarksburg, WV

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Jenkins Fenstermaker, PLLC

325 Eighth Street

Huntington, WV 25701-2225

Toll Free 800-982-3476

Fax 304-523-2347

Huntington Law Office Map

Jenkins Fenstermaker, PLLC

215 S. 3rd Street

Suite 400

Clarksburg, WV 26301

Toll Free 800-982-3476

Fax 304-523-2347

Clarksburg Law Office Map

Blog

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…


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…


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…


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…


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…


House Bill 2159 against Bullying in the Workplace in West Virginia

The 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, or humiliate…


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,…


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…


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…


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…