Legal Opinion

Independent Fire Co. No. 1 v. West Virginia Human Rights Commission

West Virginia Supreme Court

Decided December 21, 1988No. CC984PublishedCited by 33 opinions

1Opinion of the Court

MILLER, Justice.

This certified question proceeding 1 from the Circuit Court of Jefferson County rais es two questions of first impression concerning the timely filing of a complaint with the West Virginia Human Rights Commission (“HRC” or “Commission”): (1) whether the statutory time period for filing a complaint with the HRC 2 is jurisdictional in nature, or rather is akin to a statute of limitations which can be waived or modified by traditional equitable doctrines; and (2) when does the limitation period commence to run in a case where an employee is told he is being indefinitely…

2Cases cited28 opinions

  1. Zipes v. Trans World Airlines, Inc.Supreme Court of the United States · 1982
  2. Delaware State College v. RicksSupreme Court of the United States · 1980
  3. Chardon v. FernandezSupreme Court of the United States · 1982
  4. International Union of Electrical, Radio & MacHine Workers v. Robbins & Myers, Inc.Supreme Court of the United States · 1976
  5. Mrs. Roger McMillan REEB, Plaintiff-Appellant, v. ECONOMIC OPPORTUNITY ATLANTA, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1975

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3Cited by33 opinions

  1. State v. Chase Securities, Inc.West Virginia Supreme Court · 1992
  2. Spahr v. Preston County Board of EducationWest Virginia Supreme Court · 1990
  3. Turner v. IDS Financial Services, Inc.Supreme Court of Minnesota · 1991
  4. West Virginia Institute of Technology v. West Virginia Human Rights CommissionWest Virginia Supreme Court · 1989
  5. Brammer v. West Virginia Human Rights CommissionWest Virginia Supreme Court · 1990

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