Smith v. West Virginia Human Rights Commission

STARCHER, Justice.

In this appeal from the West Virginia Human Rights Commission (“the Commission”), we are asked to review an order setting aside the findings of two administrative law judges that an employer failed to reasonably accommodate an employee’s disability. We find that the Commission applied the wrong legal standard to the employee’s claim, and find that the substantial evidence on the whole record supported the findings of the administrative law judges. As set forth below, we reverse the Commission’s order.

I

Facts & Background

Appellee United Parcel Service, Inc. (“UPS”), is a…