WV Supreme Court rules that employer’s policy and prompt action protected it against liability; Colgan Air v WV HRC; 10/25/07

West Virginia Capitol Building at Night Octo­ber 25, 2007: In Col­gan Air, Inc. v. West Vir­ginia Human Rights Com­mis­sion, 221 W. Va. 588, 656 S.E.2d 33 (1977) the West Vir­ginia Supreme Court addressed claims of harass­ment (based on reli­gion and national ori­gin) and retal­i­a­tion under the WV Human Rights Act, W. Va. Code § 5–11-1 et seq.

The plain­tiff was a pilot, Rao Zahid Khan, who alleged that his co-workers sub­jected him to fre­quent deroga­tory and insult­ing com­ments about his national ori­gin and reli­gion (he was Ara­bic). The West Vir­ginia Supreme Court ruled that Col­gan Air (a) was not liable for harass­ment because it had poli­cies and pro­ce­dures pro­hibit­ing harass­ment and took swift and deci­sive action after learn­ing about the harass­ment, and (b) was not liable for retal­i­a­tion because Col­gan Air ter­mi­nated the employee (Mr. Khan) for a legit­i­mate and non-discriminatory reason–he failed to pass a manda­tory FAA pro­fi­ciency test for pilots.

Con­tinue read­ing WV Supreme Court rules that employer’s pol­icy and prompt action pro­tected it against lia­bil­ity; Col­gan Air v WV HRC; 10/25/07