Benjamin R. v. Orkin Exterminating Co.

McHUGH, Justice:

This case is before this Court upon a certified question from the United States District Court for the Northern District of West Virginia, pursuant to W.Va.Code, 51-1A-1 to 51-1A-12 [1976], the Uniform Certification of Questions of Law Act. The certified question involves whether a person who tests positive for the human immunodeficiency virus antibodies has a “handicap” within the meaning of the West Virginia Human Rights Act as effective prior to the 1989 amendment thereto. For the reasons discussed below, we answer in the affirmative.

I

Benjamin R., the plaintiff in the…