West Virginia Code of State Rules
Agency 77 - Human Rights Commission
Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION
Series 77-01 - Rules Regarding Discrimination Against Individuals With Disabilities
Section 77-1-3 - Verification of Disability
Universal Citation: 77 WV Code of State Rules 77-1-3
Current through Register Vol. XLI, No. 13, March 29, 2024
3.1. If, at the time of public hearing, there is a question or dispute as to whether the complainant is an individual with a disability, or as to the nature of the impairment, the burden of proof shall be upon the complainant to present by reasonable medical opinions or records:
3.1.1. The nature of the disability;
3.1.2. Any limitations caused by said disability; and
3.1.3. Any restrictions upon the disabled individuals' work activity. If the complainant prevails, the costs of obtaining and presenting such medical evidence may be assessed against the respondent.
3.2. It is intended that medical evidence will be required only in cases where there is an actual dispute as to the nature or medical implications of the disability.
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