Addair Entsminger PLLC Helps West Virginia Employees Navigate Protections in the Workplace
Employees with disabilities are protected under both federal and West Virginia law. But many workers are unsure of what these laws actually guarantee — or how to assert their rights when employers fail to comply. If you’re facing unfair treatment because of a disability, knowing what’s legally protected is the first step toward standing up for yourself.
Federal Protections Under the Americans with Disabilities Act (ADA)
The ADA is a federal law that prohibits employers with 15 or more employees from discriminating against qualified individuals with disabilities. The term “qualified” means a person who can perform the essential functions of the job, with or without reasonable accommodations.
The ADA covers all aspects of employment — from hiring and promotions to pay, training, and termination. Employers cannot legally fire or demote someone simply because of a physical or mental impairment. They also have a duty to engage in an interactive process to explore what reasonable accommodations might help the employee succeed on the job.
West Virginia Human Rights Act Offers Broader Coverage
The West Virginia Human Rights Act (WVHRA) expands protections even further. Unlike the ADA, the WVHRA applies to employers with 12 or more employees and also prohibits disability-based harassment. State courts often interpret these rights broadly, giving workers more flexibility to assert claims under state law when federal remedies fall short.
In many cases, filing a complaint under both federal and state law is the most effective strategy. An employment attorney can help determine the strongest legal pathway based on the facts of your case.
What Counts as a “Disability”?
Both the ADA and WVHRA define “disability” as a physical or mental impairment that substantially limits one or more major life activities. This includes conditions such as epilepsy, diabetes, depression, anxiety, mobility impairments, and many others — whether temporary or permanent.
It’s also illegal for employers to discriminate based on a perceived disability, or a history of a disability (such as past cancer treatment or substance abuse recovery).
Reasonable Accommodations and Your Employer’s Responsibility
If you have a disability, your employer is required to offer reasonable accommodations — unless doing so would cause undue hardship. Accommodations may include modified work schedules, assistive devices, adjusted duties, or permission to work remotely.
You do not need to use specific language when requesting accommodations. Simply informing your employer of your need, and how it relates to your condition, is enough to begin the legal process.
What To Do If You’ve Been Discriminated Against
If you believe your employer denied accommodations, retaliated against you, or treated you unfairly because of a disability, you have legal options. You may file a charge with the Equal Employment Opportunity Commission (EEOC) and/or the West Virginia Human Rights Commission. There are strict deadlines — often as short as 180 days — so it’s crucial to act quickly.
At Addair Entsminger PLLC, we fight for West Virginia employees who have been mistreated because of a disability. Call (304) 881-0411 today to schedule a consultation and learn more about your rights under the ADA and WVHRA.
