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FOURCO GLASS CO. v. HUMAN RIGHTS COM'N

No. 18319.

383 S.E.2d 64 (1989)

FOURCO GLASS COMPANY v. WEST VIRGINIA HUMAN RIGHTS COMMISSION and Jerry Wayne Lewis.

Supreme Court of Appeals of West Virginia.

July 7, 1989.

Attorney(s) appearing for the Case

Charles G. Johnson, Jane Mainella Myers, Johnson & Johnson, Clarksburg, for Fourco Glass.

Barbara Fleischauer, Asst. Atty. Gen., Morgantown, for appellees.

PER CURIAM:

This is an appeal by Fourco Glass Company from the final order of the Circuit Court of Taylor County which affirmed, in part, a decision of the West Virginia Human Rights Commission, which found that the appellant discriminatorily refused to hire the appellee, Jerry Lewis, due to an x-ray which revealed a "potential back problem." Since the Human Rights Commission, as well as the complainant, treated this discriminatory practice as one involving a "perceived...

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