HURLEY v. ALLIED CHEMICAL CORP.

No. CC910.

262 S.E.2d 757 (1980)

Joseph R. HURLEY v. ALLIED CHEMICAL CORPORATION.

Supreme Court of Appeals of West Virginia.

February 5, 1980.


Attorney(s) appearing for the Case

Daniel F. Hedges, Charleston, Robert S. Baker, Fayetteville, for plaintiff.

George E. Pickett, M.D., M. P. H. Director, Charleston, for Department of Health.

Spilman, Thomas, Battle & Klostermeyer and Charles L. Woody and Cynthia L. Turco, Charleston, for defendant.


MILLER, Justice:

This case comes to us upon certified question from the Circuit Court of Fayette County. We are asked to decide: (1) whether the denial of employment in the private sector solely on the basis of the applicant having received mental health services contravenes W.Va.Code, 27-5-9(a), and gives rise to an implied private cause of action; and (2) whether such a denial frustrates the rehabilitative purposes of this statute, thus violating State public policy...

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