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GUYAN VAL. HOSP. v. HUMAN RIGHTS COM'N

No. 18677.

382 S.E.2d 88 (1989)

GUYAN VALLEY HOSPITAL, INC. v. WEST VIRGINIA HUMAN RIGHTS COMMISSION and Rose Marie Bradsher.

Supreme Court of Appeals of West Virginia.

July 3, 1989.

Attorney(s) appearing for the Case

William E. Robinson, Robinson & McElwee, Charleston, for Guyan Valley Hosp.

Donna S. Quesenberry, Asst. Atty. Gen., Charleston, for West Virginia Human Rights Com'n, et al.

NEELY, Justice:

The appeal in this race discrimination case concerns disparate treatment and disparate impact under the W.Va. Human Rights Act, W.Va.Code, 5-11-1 [1967] et seq. Rose Marie Bradsher is a black woman. In August 1974, Ms. Bradsher applied to Guyan Valley Hospital to work as a nurse's aide. There were no job openings at the time. In July 1976, there was an opening, for which Ms. Bradsher filed a new application. She was not hired. The job...

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