WHEELING-PITTSBURGH STEEL CORPORATION, Appellant Below, Appellant v. KYU CHONG ROWING and WEST VIRGINIA HUMAN RIGHTS COMMISSION, Appellee Below, Appellee, 205 W. Va. 286

Summary

Appellee employee filed an employment discrimination claim against appellant employer with the West Virginia Human Rights Commission (Commission), alleging that appellee was terminated on the basis of her Asian national origin. The Commission found in her favor, and the lower court affirmed. Appellant sought review. The court held that appellee had sustained her burden that the reason appellant fired her was pretextual. Appellant's proferred reason for termination was that appellee was too small and weak to perform the job functions. Evidence that other probationary workers were moved around to less physical jobs was sufficient to establish pretext. The court thus affirmed the lower court's ruling.