Shepherdstown Volunteer Fire Dept., a Corp. v. State of West Virginia ex rel. State of West Virginia Human Rights…

Summary

The court held that both volunteer fire departments were places of public accommodations under the West Virginia Human Rights Act because they were extensively regulated by the State, performed quasi-governmental functions, and received public funding. It also held that the Human Rights Commission properly found unlawful sex discrimination under the burden-shifting framework because the applicants established prima facie cases and the departments failed to provide adequate legitimate, nondiscriminatory reasons for rejecting them. The court therefore reversed both circuit court judgments and reinstated the Commission's orders.