discrimination claim in West Virginia

1966That the latter has become increasingly important is shown by Northwestern States Portland Cement Co. v. State of Minnesota (1959), 358 U.S. 450 , 79 S.Ct. 357 , 3 L.Ed. 2d 421 ." These two salient tests were discussed at some length and the court held that the tax imposed in that case met both tests.

1966That the latter has become increasingly important is shown by Northwestern States Portland Cement Co. v. State of Minnesota (1959), 358 U.S. 450 , 79 S.Ct. 357 , 3 L.Ed. 2d 421 ." These two salient tests were discussed at some length and the court held that the tax imposed in that case met both tests.

2005The trial court dismissed the claim and the court of appeals affirmed "holding that the discrimination claim was as outgrowth of the industrial accident and thus barred by the exclusive remedy of workers' compensation." Cox, 606 So.2d at 520 .

2005The trial court dismissed the claim and the court of appeals affirmed “holding that the discrimination claim was as outgrowth of the industrial accident and thus barred by the exclusive remedy of workers’ compensation.” Cox, 606 So.2d at 520 .

2002Ogden Newspapers, Inc. v. Wilkes, 198 W.Va. 587 , 482 S.E.2d 204 (1996) (per curiam) (" Ogden I "). [4] In Ogden I, one of the clients represented by Mr. Schiavoni and Mr. Hammer filed a handicap discrimination claim against Ogden.

2002Ogden Newspapers, Inc. v. Wilkes, 198 W.Va. 587 , 482 S.E.2d 204 (1996) (per curiam) (" Ogden I "). [4] In Ogden I, one of the clients represented by Mr. Schiavoni and Mr. Hammer filed a handicap discrimination claim against Ogden.

2000To the contrary, the BOE relies upon this Court's decision in Spahr v. Preston County Bd. of Educ., 182 W.Va. 726 , 391 S.E.2d 739 (1990).

2000To the contrary, the BOE relies upon this Court's decision in Spahr v. Preston County Bd. of Educ., 182 W.Va. 726 , 391 S.E.2d 739 (1990).

1999It is only through such an examination of discrimination law that the error in the majority's reasoning can be fully appreciated. [12] This testimony arguably negates whether plaintiff actually felt physically threatened by Mr. Fluharty's comments. [13] This testimony clearly went to the critical issue of whether the conduct was "severe or pervasive," Harris, 510 U.S. at 22 , 114 S.Ct. 367 . [14] The majority, of course, downplays this lack of credibility finding. [15] The Commission decided that because such comments were necessarily insulting in nature, plaintiff would have logically refrain

1999It is only through such an examination of discrimination law that the error in the majority's reasoning can be fully appreciated. [12] This testimony arguably negates whether plaintiff actually felt physically threatened by Mr. Fluharty's comments. [13] This testimony clearly went to the critical issue of whether the conduct was "severe or pervasive," Harris, 510 U.S. at 22 , 114 S.Ct. 367 . [14] The majority, of course, downplays this lack of credibility finding. [15] The Commission decided that because such comments were necessarily insulting in nature, plaintiff would have logically refrain

1999In holding that such administrative disposition of the discrimination claim did not have preclusive effect, the Court concluded, in part, 10 that “[t]he procedures employed by the Grievance Board are not substantially similar to those employed by either a court of law or the [HRC].” Vest, 193 W.Va. at 227 , 455 S.E.2d at 786 .

1999In holding that such administrative disposition of the discrimination claim did not have preclusive effect, the Court concluded, in part, 10 that “[t]he procedures employed by the Grievance Board are not substantially similar to those employed by either a court of law or the [HRC].” Vest, 193 W.Va. at 227 , 455 S.E.2d at 786 .

1999In Martin , we concluded that where "the plaintiff proves by a preponderance of the evidence that an illicit motive entered into the challenged employment decision, then the plaintiff wins unless the defendant proves by a preponderance of the evidence that the same result would have occurred even in the absence of the illicit motive." 195 W.Va. at 311-12 , 465 S.E.2d at 412-13 . [13] In addressing the sufficiency of evidence presented in a discrimination claim, we reasoned as follows in Conaway v. Eastern Associated Coal Corp., 178 W.Va. 164 , 358 S.E.2d 423 (1986): Because discrimination is e

1999In Martin , we concluded that where "the plaintiff proves by a preponderance of the evidence that an illicit motive entered into the challenged employment decision, then the plaintiff wins unless the defendant proves by a preponderance of the evidence that the same result would have occurred even in the absence of the illicit motive." 195 W.Va. at 311-12 , 465 S.E.2d at 412-13 . [13] In addressing the sufficiency of evidence presented in a discrimination claim, we reasoned as follows in Conaway v. Eastern Associated Coal Corp., 178 W.Va. 164 , 358 S.E.2d 423 (1986): Because discrimination is e

1990In Syllabus Point 4 of Davis , we stated: *157 “A miner against whom an arbitration decision has been rendered under a collective bargaining agreement involving a safety claim is not foreclosed from pursuing a discrimination remedy under W.Va.Code, 22A-1A-20.” In reaching this conclusion, we placed great reliance on Alexander v. Gardner-Denver Co., 415 U.S. 36 , 94 S.Ct. 1011 , 39 L.Ed.2d 147 (1974), in which the United States Supreme Court held that an adverse decision under a collective bargaining arbitration procedure would not foreclose an employee from pursuing a discrimination claim unde

1990In Syllabus Point 4 of Davis , we stated: *157 “A miner against whom an arbitration decision has been rendered under a collective bargaining agreement involving a safety claim is not foreclosed from pursuing a discrimination remedy under W.Va.Code, 22A-1A-20.” In reaching this conclusion, we placed great reliance on Alexander v. Gardner-Denver Co., 415 U.S. 36 , 94 S.Ct. 1011 , 39 L.Ed.2d 147 (1974), in which the United States Supreme Court held that an adverse decision under a collective bargaining arbitration procedure would not foreclose an employee from pursuing a discrimination claim unde

1988The United States Supreme Court in University of Tennessee v. Elliott, 478 U.S. 788 , 106 S.Ct. 3220 , 92 L.Ed.2d 635 (1986), has decided that a discrimination claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., cannot be precluded by a finding of a state administrative agency on the same issue. 19 .W.Va.Code, 5 — 11—13(c) (1983), sets forth the relief which may be granted upon a finding that a respondent has engaged in an unlawful discriminatory practice.

1988The United States Supreme Court in University of Tennessee v. Elliott, 478 U.S. 788 , 106 S.Ct. 3220 , 92 L.Ed.2d 635 (1986), has decided that a discrimination claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., cannot be precluded by a finding of a state administrative agency on the same issue. 19 .W.Va.Code, 5 — 11—13(c) (1983), sets forth the relief which may be granted upon a finding that a respondent has engaged in an unlawful discriminatory practice.

1987Subsequently it has been applied, as a discrimination test, to invalidate a motor vehicle marker fee and an axle tax in American Trucking Associations, Inc. v. Scheiner, 483 U.S. 266 , 107 S.Ct. 2829 , 97 L.Ed.2d 226 (1987) (5-4 decision); and, as a discrimination test, to invalidate a so-called gross receipts tax in Tyler Pipe Industries, Inc. v. Washington Department of Revenue, 483 U.S. 232 , 107 S.Ct. 2810 , 97 L.Ed.2d 199 (1987) (6-2 decision; O’Connor, J., concurring, did not read majority opinion as extending internal consistency test to taxes not facially discriminatory).

1987Subsequently it has been applied, as a discrimination test, to invalidate a motor vehicle marker fee and an axle tax in American Trucking Associations, Inc. v. Scheiner, 483 U.S. 266 , 107 S.Ct. 2829 , 97 L.Ed.2d 226 (1987) (5-4 decision); and, as a discrimination test, to invalidate a so-called gross receipts tax in Tyler Pipe Industries, Inc. v. Washington Department of Revenue, 483 U.S. 232 , 107 S.Ct. 2810 , 97 L.Ed.2d 199 (1987) (6-2 decision; O’Connor, J., concurring, did not read majority opinion as extending internal consistency test to taxes not facially discriminatory).

1987Subsequently it has been applied, as a discrimination test, to invalidate a motor vehicle marker fee and an axle tax in American Trucking Associations, Inc. v. Scheiner, 483 U.S. 266 , 107 S.Ct. 2829 , 97 L.Ed.2d 226 (1987) (5-4 decision); and, as a discrimination test, to invalidate a so-called gross receipts tax in Tyler Pipe Industries, Inc. v. Washington Department of Revenue, 483 U.S. 232 , 107 S.Ct. 2810 , 97 L.Ed.2d 199 (1987) (6-2 decision; O’Connor, J., concurring, did not read majority opinion as extending internal consistency test to taxes not facially discriminatory).

1987Subsequently it has been applied, as a discrimination test, to invalidate a motor vehicle marker fee and an axle tax in American Trucking Associations, Inc. v. Scheiner, 483 U.S. 266 , 107 S.Ct. 2829 , 97 L.Ed.2d 226 (1987) (5-4 decision); and, as a discrimination test, to invalidate a so-called gross receipts tax in Tyler Pipe Industries, Inc. v. Washington Department of Revenue, 483 U.S. 232 , 107 S.Ct. 2810 , 97 L.Ed.2d 199 (1987) (6-2 decision; O’Connor, J., concurring, did not read majority opinion as extending internal consistency test to taxes not facially discriminatory).

1966In upholding the validity of the tax, the court made the following summarization of decisions of the Supreme Court of the United States: "Since the decision in Western Live Stock v. Bureau of Internal Revenue (1938), 303 U.S. 250 , 58 S.Ct. 546 , 82 L.Ed. 823 , the primary considerations for determining the limits of a state's power to tax activities connected with interstate commerce have been these: (1) Whether the tax places an extra burden on interstate commerce not borne by intrastate commerce, or erects barriers, placing out-of-state businesses at a disadvantage when competing locally; t

1966In upholding the validity of the tax, the court made the following summarization of decisions of the Supreme Court of the United States: "Since the decision in Western Live Stock v. Bureau of Internal Revenue (1938), 303 U.S. 250 , 58 S.Ct. 546 , 82 L.Ed. 823 , the primary considerations for determining the limits of a state's power to tax activities connected with interstate commerce have been these: (1) Whether the tax places an extra burden on interstate commerce not borne by intrastate commerce, or erects barriers, placing out-of-state businesses at a disadvantage when competing locally; t