Health Management, Inc. v. Lindell

McGRAW, Justice:

The West Virginia Human Rights Commission (the “Commission”) appeals the circuit court’s issuance of a writ of prohibition preventing it from taking further action against appellee Health Management, Inc. (“HMI”), which was charged with discriminating against a nursing-home supervisor on the basis of gender. During the Commission’s initial investigation, HMI asserted (with supporting documentary evidence) that it had fewer than twelve employees, and thus fell outside of the Commission’s jurisdiction under W. Va.Code § 5-ll-3(d) (1998). When HMI later refused to respond to a…