Metz v. Eastern Associated Coal, LLC

Plaintiff bid on the position “mechanic trainee” at a mine owned by Eastern Associated Coal (Defendant). In July 2012, Plaintiff learned of Defendant’s decision not to hire him. He did not learn until January 2014, however, that the basis for the employment decision may have been his age. Plaintiff instituted a civil action in the circuit court, asserting that Defendant had committed age discrimination in violation of the West Virginia Human Rights Act (HRA). Defendant moved to dismiss the civil action for failure to institute the suit within two years of the alleged discriminatory act underlying Plaintiff’s complaint. The circuit court certified two questions to the Supreme Court. The Supreme Court answered (1) for discriminatory hiring causes of action filed pursuant to the HRA, the statute of limitations begins to run from the date that the plaintiff learns of the adverse employment decision; and (2) for discriminatory hiring causes of action filed pursuant to the HRA, the discovery rule does not toll the statute of limitations until the plaintiff discovers the alleged discriminatory motive underlying the employment decision. View "Metz v. Eastern Associated Coal, LLC" on Justia Law