Cases

Henry Metz v. Eastern Associated Coal, LLC

Case Number:
16-0848
Case Date:
07-03-2017
Case Issue:

Questions Certified by the Circuit Court:
(1) For discriminatory hiring causes of action filed pursuant to the West Virginia Human Rights Act, codified at W.Va. Code § 5-11-1, et seq., does the statute of limitations begin to run from the date that the plaintiff learned of the adverse employment decision?
The circuit court answers the question in the affirmative.
(2) For discriminatory hiring causes of action filed pursuant to the West Virginia Human Rights Act, codified at W.Va. Code § 5-11-1, et seq., does the discovery rule toll the statute of limitations until the plaintiff discovers the alleged discriminatory motive underlying the employment decision?
The circuit court answers the question in the affirmative.