As we move into 2023 the attorneys at Bailey & Wyant PLLC take a look back at some accomplishments and events from 2022. We look forward to working with you in the new year. As always we wish you health and happiness over the holiday season and prosperity for the year to come. Please continue reading to learn more and enjoy the latest news for you.

Bailey & Wyant equity member and MRB Foundation President Jim Marshall attended the International Council of Air Shows conference with Eastern West Virginia Regional Airport Executive Director Nic Diehl in Las Vegas, Nevada on December 12-15.

ICAS is dedicated to building and sustaining a vibrant air show industry to support its membership. The organization has become the recognized world leader on a wide range of air show-related issues including safety, regulatory concerns, industry standards and best practices, interaction with the military, and professional ethics.

Jim and Nic attended various seminars regarding new trends in the industry such as air/ground operations training, crisis communications, media relations, insurance, parking and hospitality. They also visited the exhibit hall featuring various air show performers, support service providers and consultants where they secured several acts for West Virginia’s Greatest Airshow on August 26-27, 2023 at the Eastern Regional Airport in Martinsburg, WV.

Caselaw Update: Update on Classifications of Protected Groups Under the West Virginia Human Rights Act.

In a recent decision of the West Virginia Supreme Court of Appeals, the Court drafted two syllabus points that speak directly to the West Virginia Human Rights Act and who is protected under it. For background purposes, the West Virginia Human Rights Act prohibits various forms of discrimination in the State based on certain protected classes (i.e. race, sex, etc.). This case is notable because it holds that (1) familial status is not a protected group for purposes of an employment discrimination claim under the West Virginia Human Rights Act, and (2) as used in the West Virginia Human Rights Act, ancestry means discrimination based on some characteristic like race, ethnicity, or national origin that is passed down by lineal descendants. In the context of employment, familial status is not included among the groups entitled to protection by the Human Rights Act.

In Keener v. Clay County Development Corp., the Plaintiff was one of the highest paid employees at the Clay County Development Corporation. After some controversy with the organization’s former Executive Director and needing to cut positions in response, Plaintiff’s job was terminated. Plaintiff alleged that the termination was wrongful because the termination violated the employee handbook, and, more importantly for purposes of this article, because the termination was discriminatory based on “ancestry” under the West Virginia Human Rights Act. The former Executive Director was, coincidentally, Plaintiff’s sister.

In assessing Plaintiff’s argument that “familial status” was a protected group for purposes of an employment discrimination claim under the West Virginia Human Rights Act, the Court first noted that the State Legislature designated “familial status” as a basis for discrimination only in the equal opportunity housing provisions under the West Virginia Human Rights Act and not in the equal opportunity employment provisions. Thus, the Court would not read in extra protections not expressly provided by the Legislature. The Plaintiff argued alternatively that “ancestry,” which is included in the employment provisions as a protected class, should encompass familial status since “ancestry” is undefined under the Act. The Court disagreed, holding that as used in the West Virginia Human Rights Act, West Virginia Code § 5-11-2 (2022), ancestry means discrimination based on some characteristic like race, ethnicity, or national origin that is passed down by lineal descendants. The Court reached this conclusion by applying the plain, ordinary meaning of “ancestry,” which the Court defined as “[a] line of descent; collectively, a person’s forebears; lineage.” Accordingly, because the former Executive Director was the Plaintiff’s sister, there was no lineal descent at issue here and, thus, no conceivable form of discrimination under the West Virginia Humans Right Act.

Bailey & Wyant, PLLC is proud to announce our team of recognized lawyers in the 29th edition of The Best Lawyers in America® 2023, published by Best Lawyers®.  

In our Charleston Office, Managing Member, Charles R. Bailey has been recognized in the areas of Employment Law- Management, Insurance Law, and Litigation-Insurance. Equity Member, Marc Slotnick has been recognized for his practice of Real Estate Law. Equity Member, Justin C. Taylor has been recognized for his practice in Product Liability Litigation-Defendants. Of Counsel, Joseph A. Horter has been recognized in the areas of Commercial Litigation, Construction Law, and Personal Injury Litigation-Defendants. Member, David E. Schumacher has been recognized in the areas of Insurance Law and Product Liability Litigation-Defendants. Member, David J. Mincer has been recognized in the areas of Employment Law-Management and Insurance Law.

In our Wheeling Office, Managing Member, David L. Wyant has been recognized in the areas of Commercial Litigation, Litigation- Banking and Finance, Litigation- Labor and Employment, Medical Malpractice Law- Defendants, and Product Liability Litigation- Defendants. Equity Member, Thomas E. Buck has been recognized in the area of Litigation- Labor and Employment. Member, Diane G. Senakievich has been recognized in the area of Personal Injury Litigation- Defendants.  

Bailey & Wyant PLLC's Managing Member, Charles R. Bailey, Equity Member, Justin C. Taylor and Member, Michael W. Taylor, secured a complete dismissal with prejudice for the West Virginia Board of Pharmacy with respect to ten plaintiffs in the opioid litigation. The ten plaintiffs, all counties, cities, and/or towns in West Virginia, brought lawsuits against the Board of Pharmacy asserting negligence, violations of statute, and wrongdoing that led to the opioid epidemic. 

To discuss your case, e-mail us (baileywyant@gmail.com) or give us a call.