Morgantown, WV Discrimination Lawyer

Advocates for Fair Treatment in West Virginia Workplaces

When your employer treats you differently because of your race, sex, age, disability, or another protected characteristic, you have legal options. At Rod Smith Law PLLC, we represent workers throughout Morgantown and Monongalia County against employers of all sizes, from local businesses to major healthcare systems and universities. Our firm has recovered over $100 million in verdicts, judgments, and settlements for West Virginia employees, and we bring more than 25 years of combined employment law experience to every case we take.

Workplace discrimination in West Virginia is illegal under both federal law and the West Virginia Human Rights Act. You deserve a workplace discrimination attorney in Morgantown who knows those laws and has the courtroom record to back it up. 

Contact Rod Smith Law PLLC at (304) 406-7076 for a free consultation with a workplace discrimination attorney. We collect no fee unless you recover.

Discrimination Cases We Handle for Morgantown Workers

Discrimination can take many forms, and the law protects employees across a broad range of circumstances. 

We handle the full scope of protected-class claims, including:

• Race discrimination: Adverse employment actions based on race, color, or national origin
• Sex and pregnancy discrimination: Unequal treatment, demotion, or termination related to sex, gender, or pregnancy
• Disability discrimination: Failure to accommodate or adverse action based on a physical or mental disability under the ADA
• Age discrimination: Targeting employees age 40 and over for layoffs, reduced hours, or denial of promotion under the ADEA
• Sexual harassment: Unwelcome conduct that creates a hostile work environment or conditions a job benefit on submission
• Retaliation: Adverse action taken against an employee who reported discrimination or participated in an investigation
• Whistleblower claims: Retaliation for reporting illegal activity or unsafe conditions
• Wrongful termination: Termination tied to a protected characteristic or protected activity

Workplace discrimination can appear as a wrongful termination, a demotion, a denial of promotion, unequal pay, or a hostile work environment that management refuses to address. Whatever form it took in your situation, we'll assess the full picture and tell you honestly what your claim may support.

Why Morgantown Employees Choose Rod Smith Law PLLC

Large employers typically retain experienced outside counsel. You need a workplace discrimination lawyer in Morgantown with comparable litigation experience and a verifiable record of results. Rod Smith earned his B.A. and J.D. from West Virginia University, clerked for Hon. Joseph R. Goodwin in the U.S. District Court for the Southern District of West Virginia, and spent years as a partner at Bailey and Glasser LLP, handling complex multimillion-dollar litigation. He is licensed in both the Northern and Southern Districts of West Virginia, the Fourth Circuit Court of Appeals, and the U.S. Supreme Court.

That background has led to recognitions that independent organizations award to a small fraction of practicing attorneys:

• Selected to Super Lawyers every year since 2018, an honor given to the top 5% of lawyers
• Named Lawyer of the Year by Best Lawyers in America in both 2024 and 2027
• Member of the Multi-Million Dollar Advocates Forum
• Recognized by the National Trial Lawyers Top 100
• Masters Graduate of the Keenan Trial Institute

Our fee structure removes the financial barrier that stops many workers from pursuing a valid claim. There's no fee unless you recover, and your initial consultation is free. If you believe your employer treated you illegally, the next step costs you nothing.

West Virginia Workplace Discrimination Law: What Morgantown Employees Should Know

Employees in Morgantown, WV, are protected by overlapping layers of state and federal law. The West Virginia Human Rights Act prohibits discrimination based on race, religion, color, national origin, ancestry, sex, age (40 and over), blindness, and disability. Federal statutes add parallel protections: Title VII of the Civil Rights Act covers race, color, religion, sex, and national origin; the Americans with Disabilities Act (ADA) addresses disability; and the Age Discrimination in Employment Act (ADEA) protects workers 40 and older. Together, these laws give employees multiple avenues to pursue a claim depending on the facts.

West Virginia is an at-will employment state, which means an employer can generally terminate a worker for any reason or no reason. The exception is when termination is based on a protected characteristic or constitutes retaliation for a protected activity. That exception is where most discrimination and wrongful termination claims arise.

For many Morgantown workers, the most confusing part is understanding when unfair treatment crosses the line into unlawful discrimination. A boss can be rude, play favorites, or make business decisions you disagree with, and those actions may still be legal. The law becomes involved when decisions about hiring, firing, pay, discipline, or work assignments are motivated, even in part, by a protected characteristic or by your decision to assert your rights. A discrimination lawyer whom Morgantown residents trust can help you sort through emails, performance reviews, and timelines to see whether what happened to you fits within these protections.

How a Workplace Discrimination Case Typically Proceeds in Morgantown

When you reach out to us about possible discrimination, our first step is to listen carefully to what happened and help you organize the key facts. We usually begin by reviewing your job history, performance reviews, and any written communications tied to the adverse action. From there, we can explain which state or federal laws may apply and whether it makes sense to pursue an internal complaint, an agency charge, or a lawsuit in the Circuit Court of Monongalia County or the U.S. District Court for the Northern District of West Virginia.

Once a strategy is in place, our workplace discrimination lawyer will work with you to gather and preserve evidence before memories fade or documents disappear. That can include requesting your personnel file, identifying coworkers who may serve as witnesses, and tracking ongoing retaliation or continuing harassment. Throughout this process, we keep you updated on timelines and likely next steps so you are not surprised by hearings, settlement discussions, or mediation sessions. Our goal is to manage the legal burden while you focus on your health, your family, and finding stability after what your employer has put you through.

Filing with the EEOC or the West Virginia Human Rights Commission

For federal discrimination claims, employees generally must file a charge with the Equal Employment Opportunity Commission (EEOC) before a lawsuit can be brought in federal court. For state claims under the West Virginia Human Rights Act, filing with the West Virginia Human Rights Commission is one available avenue, but it isn't required, and employees may instead choose to file a civil lawsuit directly. Each agency investigates workplace discrimination complaints and determines whether there is probable cause to believe discrimination occurred. Filing deadlines apply and vary depending on which law is at issue and which agency or court you plan to pursue. Missing a deadline can affect whether your claim may proceed, which is one reason consulting an attorney promptly matters.

Proving a discrimination claim often requires demonstrating disparate treatment, meaning the employer treated you differently than similarly situated employees outside your protected class. Evidence can include written communications, performance reviews, witness accounts, and patterns of conduct over time. Building that record takes preparation, and the earlier you begin, the more options remain open.

A skilled discrimination attorney in Morgantown can help you understand your rights and pursue accountability for unlawful workplace conduct. Call (304) 406-7076 now to discuss your case.

Frequently Asked Questions

What Qualifies as Workplace Discrimination Under West Virginia Law?

Discrimination occurs when an employer treats an employee or job applicant less favorably because of a protected characteristic, such as race, sex, age, religion, national origin, disability, or ancestry. The adverse action can include termination, demotion, denial of promotion, unequal pay, or a hostile work environment that the employer fails to address.

Do I Need to File with the EEOC or the West Virginia Human Rights Commission Before I Can Sue?

It depends on which claims you're pursuing. For federal discrimination claims, employees generally must file a charge with the EEOC before a federal lawsuit can be filed. For state claims under the West Virginia Human Rights Act, filing with the West Virginia Human Rights Commission is an option, but isn't required; employees may file a civil lawsuit directly under state law. A workplace discrimination attorney in Morgantown can help you identify the right path, meet applicable deadlines, and preserve your legal options throughout the process.

How Long Do I Have to File a Workplace Discrimination Claim?

Deadlines vary depending on which law applies, which agency you file with, and whether you pursue a state or federal claim. Because missing a deadline can bar an otherwise valid claim, contacting a workplace discrimination lawyer in Morgantown as soon as possible after the adverse action helps ensure your options stay open.

What Can I Recover in a Workplace Discrimination Case?

Depending on the claim and the facts, potential recovery may include back pay, front pay, compensatory damages for emotional distress, and, in some cases, punitive damages. Outcomes vary by case, and no result can be guaranteed, but an attorney can assess the strength of your claim and give you a realistic picture of what it may support.

What If My Employer Retaliated Against Me for Reporting Discrimination?

Retaliation for reporting discrimination in good faith is itself prohibited under both state and federal law. If your employer took adverse action against you for making a complaint, participating in an investigation, or opposing discriminatory conduct, that retaliation may support a separate legal claim or strengthen an existing one.

Talk with a seasoned Morgantown discrimination lawyer about your claim. Submit our online form now to get started.