Legal Question in Discrimination Law in West Virginia

Age Discrimination

I recently filed an age discrimination complaint with the West Virginia Human Rights Commission. They will be investigating my complaint in the very near future. My question is what evidences must be found during the investigation for them to rule in my favor, since it is obvious that my employer will not admit to it? Any help in this area will be appreciated. I can tell you that I am 54 and the candidated selected for the position over me is 44. I can also tell you that I am the more qualified candidate.


Asked on 7/04/00, 5:15 pm

1 Answer from Attorneys
Philip Schnabel Schnabel Law Office

Re: Age Discrimination

Unfortunately your complaint does not fall within the protections afforded by the ADEA since while you are over forty, the person who replaced you must be under forty to come within the law's ambit. Your complaint will most likely be dismissed on that basis alone, and a subsquent lawsuit willalso fail as you cannot establish a prima facie case of age discrimination.

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Answered on 9/11/00, 9:54 pm


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