CHARLESTON — A Mount Hope man says his employment with the West Virginia Department of Health and Human Resources (DHHR) was wrongfully terminated.
James W. McClain III was employed by the DHHR from Feb. 5, 2018, until Feb. 1, 2019, in the Bureau for Child Support Enhancement (BCSE) and during his employment, he was required to attend family court hearings and repair orders for the BCSE following those hearings, according to a complaint filed in Kanawha Circuit Court.
McClain, who is partially blind and suffers hearing loss, requested to be able to take notes during the court hearings and then submit the orders the following day, but that request was denied and he was required to prepare the orders immediately, which he couldn't do because of his disabilities.
The plaintiff argues his request was a reasonable accommodation and that his termination from his employment after that request was a violation of the West Virginia Human Rights Act.
McClain is seeking compensatory damages. He is represented by Kirk D. Lightner of New, Taylor & Associates.
The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number: 20-C-1057