FAYETTEVILLE, WV (LOOTPRESS) — Fayette County’s former emergency management director has sued the Fayette County Commission, alleging officials diminished his authority while he was on medical leave, denied accommodations that would have allowed him to return to work while undergoing dialysis, and ultimately fired him.
Kevin Burrell Walker filed the lawsuit October 15 in Fayette County Circuit Court. The complaint alleges disability discrimination, failure to accommodate, retaliation for taking protected medical leave and wrongful discharge.
Walker, represented by The Employment Law Center, PLLC, is seeking lost wages and benefits, reinstatement or compensation for future lost earnings, other damages and a jury trial.
Leadership changes during medical leave
According to the complaint, Walker’s responsibilities as emergency management director included emergency planning, grant administration, training, public communications and coordination with government agencies and community partners. The position also required fieldwork, travel, inspections and emergency response.
The lawsuit states that in December 2023, the commission voted to develop and advertise a deputy emergency management director position and modify Walker’s job description. Walker alleges he understood the proposed position would provide assistance to him.
Walker began leave under the Family and Medical Leave Act on or about April 19, 2024, after developing serious medical conditions, according to the filing.
Less than three weeks later, on May 7, the commission created a position titled chief of emergency preparedness and operations and hired JAK Kincaid at an annual salary of approximately $55,000, the complaint states.
According to commission minutes quoted in the lawsuit, the position had been advertised because of a “critical need” resulting from the emergency management director being on extended leave.
The commission also voted to have the emergency management director report to the newly created chief position, according to the complaint. Walker alleges that changed his reporting relationship from answering directly to the commission to reporting to Kincaid.
Walker further alleges that a May 22 communication to West Virginia Emergency Management identified Kincaid and other county emergency personnel but omitted Walker, even though he remained employed. The communication also requested removal of other names previously listed for the county’s emergency management and E-911 offices, according to the lawsuit.
The complaint argues that those actions transferred substantial operational authority away from Walker before officials considered his eventual request to return to work.
Walker proposed office and remote work
The county treated Walker’s 12 weeks of FMLA leave as exhausted in July 2024, but he remained employed while continuing on medical leave, according to the lawsuit.
On September 19, County Administrator Ruth Lanier sent Walker a letter directing him to return with a medical release by October 11. The letter also instructed his physician to identify any accommodations needed for his return, the complaint states.
Walker alleges he met with Lanier on September 27 and discussed working in the office three days a week and remotely on Tuesdays and Thursdays, when he required in-center hemodialysis.
According to the lawsuit, Walker’s healthcare provider completed the county’s medical inquiry form on October 10. The provider identified restrictions involving driving, lifting, prolonged walking and standing, but stated Walker could perform sedentary office work involving a computer, fax machine and telephone.
The provider also identified a need for periodic absences for treatment and medical appointments, the complaint states.
Walker maintains that his proposal would have allowed him to resume productive work while receiving necessary treatment.
Commission cited essential job duties
According to the complaint, the commission discussed Walker’s accommodation request in executive session October 16, 2024, and then unanimously voted to deny it.
The lawsuit quotes the commission’s minutes as stating: “No return-to-work release was presented. Essential job functions can’t happen with requested accommodations.”
Walker disputes that characterization, alleging his medical documentation authorized sedentary office work within specified restrictions.
An October 18 denial letter acknowledged his ability to perform office-based tasks but concluded he could not perform essential duties involving emergency response, travel, inspections, adverse-weather driving and delivery of emergency supplies, according to the complaint.
Walker alleges the county did not adequately consider whether operational duties already being handled by Kincaid or other employees could remain with those personnel while Walker performed administrative and planning work.
He also alleges officials failed to meaningfully consider another effective accommodation or reassignment to a vacant position.
According to the complaint, the county’s letter stated it was not aware of a suitable vacancy given his restrictions. Walker contends the letter did not identify particular vacancies considered or a documented countywide search.
His employment ended effective October 23, 2024, the lawsuit states.
Five claims and a request for damages
The complaint asserts five counts involving alleged violations of the West Virginia Human Rights Act, Section 504 of the federal Rehabilitation Act, the FMLA and West Virginia public policy.
Walker alleges the county used his protected leave as a negative factor in restructuring his position and later terminated him rather than provide an effective accommodation.
He claims lost compensation, employment and retirement benefits, emotional distress, humiliation and other losses. The lawsuit does not request a specific total dollar amount.
The commission is the sole named defendant. Lanier, Kincaid and Commissioner Allison Taylor are discussed in the complaint but are not named as defendants.
The supplied filing contains Walker’s allegations and descriptions of county records and correspondence. It does not include the commission’s response or a court ruling on the merits.
