Workplace discrimination often shows up less like one dramatic incident and more like a pattern.
You might get passed over for a promotion, written up for something coworkers do without consequence, or eased out of your job shortly after you return from medical leave. West Virginia law makes it illegal for an employer to base decisions like these on your race, sex, age, religion, disability, or another protected trait.
That rule applies to West Virginia University, the hospital systems in town, and any other employer in Monongalia County with 12 or more employees.
We know it feels risky to question the people who sign your paycheck. A Morgantown workplace discrimination lawyer at Hansberry & Wagoner, PLLC can help you sort out whether what happened fits the legal definition of workplace discrimination.
Attorney Matthew B. Hansberry spent years on the defense side before he started representing employees. That background means he has seen how companies build their side of a case. Reach out to talk through what you experienced, and we can help you think through what comes next.
On the state level, the West Virginia Human Rights Act makes it an unlawful discriminatory practice for an employer to treat someone differently in hiring, pay, or other job terms. That protection covers decisions based on race, religion, color, national origin, ancestry, sex, age, blindness, or disability.
The West Virginia Human Rights Commission investigates complaints filed under that law. Large employers, including WVU and the hospital systems that serve Monongalia County, often have in-house lawyers or outside counsel ready the moment a complaint lands.
Bringing in your own workplace discrimination lawyer gives you someone who knows that same playbook. Some employees who experience discrimination never report it, which means unlawful treatment goes unchallenged. Keeping notes while events are still fresh can make a real difference later.
Winning a workplace discrimination case in Morgantown often requires showing disparate treatment. That means your employer treated you worse than coworkers outside your protected group. It can also mean your employer based a job decision on a protected trait rather than your performance.
That can sound hard to prove on your own, especially without access to personnel files or other employees’ records.
A workplace discrimination lawyer can help gather the kind of evidence that tends to matter most, such as:
Putting that evidence together early, before memories fade or records get lost, often shapes how strong a case looks later.
West Virginia gives you different paths for a discrimination claim, and each runs on its own clock. If you file with the West Virginia Human Rights Commission, you generally must submit your complaint within 365 days of the last discriminatory act.
If you file with the EEOC instead, the deadline is generally 300 days, because West Virginia has its own state agency that handles these claims. The two agencies maintain a work-sharing agreement, so a charge filed with one can often be cross-filed with the other without starting over.
Missing either agency deadline can limit your options.
A lawsuit filed directly in circuit court generally has a two-year deadline. However you decide to proceed, tracking the date of the last discriminatory act matters from day one.
If your employer violated the Human Rights Act, you may be able to recover economic damages such as back pay and lost benefits, along with non-economic damages for emotional distress. Some cases also allow punitive damages meant to penalize especially harmful conduct.
A judge or jury decides the exact figure based on the specific facts of your case, so outcomes vary widely from one claim to the next. Keeping your pay stubs, performance reviews, and any written warnings in one place can help show how your treatment compared to a coworker’s.
Attorney Matthew B. Hansberry worked in labor and employment defense before he began representing employees instead of employers. As a Morgantown workplace discrimination lawyer, he applies that defense-side background to anticipate how an employer is likely to respond before it ever files an answer.
Best Lawyers named him Lawyer of the Year for 2023 in two separate Morgantown-region categories, Litigation – Labor and Employment and Employment Law – Individuals. That honor is given to only one lawyer per practice area per region each year.
Hansberry & Wagoner, PLLC has resolved sexual harassment claims, a form of sex discrimination under West Virginia law, for clients in North Central West Virginia. Attorney Edmund L. Wagoner has reached confidential settlements of $500,000 or more in multiple sexual harassment matters. Prior results do not guarantee a similar outcome.
If a case moves beyond the administrative stage, a lawsuit under the Human Rights Act is generally filed in the Monongalia County Circuit Court. That is the 21st Judicial Circuit’s trial court, located at 75 High Street in downtown Morgantown.
West Virginia courts have also found that most Human Rights Act claims do not require you to finish the state employee grievance process first. That can matter if you work for a public employer like WVU. Where your particular claim should be filed often depends on who your employer is and how far your complaint has already progressed.
Generally, yes. Public universities and other state agencies are typically covered employers under the Human Rights Act. West Virginia courts have also found that Human Rights Act discrimination claims are usually exempt from the standard state employee grievance process. As a result, you may not need to finish a grievance before pursuing a discrimination claim.
The EEOC enforces federal laws like Title VII, while the West Virginia Human Rights Commission enforces the state Human Rights Act. Because the two agencies share a work-sharing agreement, filing with one can often count as filing with the other, though the two agencies use different deadlines.
Firing or punishing an employee for reporting discrimination is retaliation, and the Human Rights Act prohibits it. An employer may claim it had an unrelated reason for the decision, so the timing and consistency of that explanation often become central to the case.
You are not required to have a lawyer to file an administrative complaint. An employer typically has its own legal counsel involved from the start. Having a lawyer review your complaint before you file can help make sure it covers what the law requires.
Discrimination cases often come down to timing, documentation, and whether your employer’s stated reason holds up, so acting while the facts are fresh may help. A Morgantown workplace discrimination lawyer at Hansberry & Wagoner can help you figure out whether what happened to you violates the Human Rights Act.
We can also walk through what your options look like from here. Contact us today for an initial consultation.
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