WVC 55 - 7 E- 2
§55-7E-2. Legislative findings and declaration of purpose.
(a) The Legislature finds that:
(1) Employees of this state are entitled to be free from unlawful discrimination, wrongful
discharge and unlawful retaliation in the workplace. Employers are often confronted with difficult
choices in the hiring, discipline, promotion, layoff and discharge of employees.
The citizens and employers of this state are entitled to a legal system that provides
adequate and reasonable compensation to those persons who have been subjected to unlawful
employment actions, a legal system that is fair, predictable in its outcomes, and a legal system that
functions within the mainstream of American jurisprudence.
(3) The goal of compensation remedies in employment law cases is to make the victim of
unlawful workplace actions whole, including back pay; reinstatement or some amount of front pay
in lieu of reinstatement; and under certain statutes, attorney's fees for the successful plaintiff.
(4) In West Virginia, the amount of damages recently awarded in statutory and common law
employment cases have been inconsistent with established federal law and the law of surrounding
states. This lack of uniformity in the law puts our state and its businesses at a competitive
(b) The purpose of this article is to provide a framework for adequate and reasonable
compensation to those persons who have been subjected to an unlawful employment action, but to
ensure that compensation does not far exceed the goal of making a wronged employee whole.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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