The West Virginia Human Rights Act (WVHRA) prohibits discrimination in employment if an employee or applicant with a disability or blindness is able and competent to perform the services required (WV Code Sec. 5-11-1 et seq.). The Act covers all public employers and private employers with 12 or more employees. Retaliation against employees who file discrimination complaints or participate in the investigation or hearing of discrimination claims is also prohibited.
Individuals with asymptomatic acquired immunodeficiency syndrome (AIDS) are protected under the Act (Benjamin R. v. Orkin Exterminating Co., 182 W. Va. 615 (1990)).