Hurley v. Allied Chemical Corp.

Miller, Justice:

This case comes to us upon certified question from the Circuit Court of Fayette County. We are asked to decide: (1) whether the denial of employment in the private sector solely on the basis of the applicant having received mental health services contravenes W. Va. Code, 27-5-9(a), and gives rise to an implied private cause of action; and (2) whether such a denial frustrates the rehabilitative purposes of this statute, thus violating State public policy and giving rise to a cause of action under Harless v. First National Bank, _ W.Va. _, 246 S.E.2d 270 (1978). We answer the…