WV Division of Motor Vehicles v. Renee Richardson-Powers and The West Virginia Human Rights Commission

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Petitioner appeals the Human Rights Commission’s decision granting, in part, respondent’s claims that petitioner discriminated against her by failing to engage in the interactive process and accommodate her disability. Petitioner alleges that the Human Rights Commission erred in finding that respondent established a prima facie case of discrimination. Further, petitioner contends that the Human Rights Commission erred in finding that petitioner failed to provide the workplace accommodation requested by respondent; that petitioner did not engage in the interactive process; that respondent mitigated her damages; and that petitioner engaged in spoliation of evidence. Additionally, petitioner alleges that many of the findings made by the Human Rights Commission in its final order were not supported in the record. Respondent Powers asserts, by cross assignment of error, that the Human Rights Commission improperly reduced her back pay award; erred in failing to award her prejudgment interest; and erred in ordering her reinstatement as opposed to future pay.