West Virginia Age Discrimination: What you need to know

The West Virginia Human Rights Act prohibits discrimination in employment on the basis of age against individuals who are 40 years of age or older (WV Code Sec. 5-11-1 et seq.). The law applies to all public employers and to private employers with 12 or more employees. Under the Act, it is unlawful to:
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• Discriminate against an individual with respect to compensation, hire, tenure, terms, conditions, or privileges of employment if the individual is able and competent to perform the services required.
• Elicit any information, keep a record of, or use any form of application containing questions concerning the age of any applicant for employment.
• Print or publish any notice or advertisement relating to employment indicating any preference, limitation, specification, or discrimination based upon age.
• Deny or limit employment through a quota system because of age.
• Discriminate against any individual with respect to his or her right to be admitted to or participate in a guidance program, an apprenticeship training program, on-the-job training program, or other occupational training or retraining program.
• Engage in any form of threats or acts intended to harass, degrade, or cause physical harm or economic loss.
• Aid, compel, or coerce any person to engage in any unlawful discriminatory practices under the Act.
• Engage in any form of reprisal or otherwise discriminate against any person because he or she has opposed any conduct forbidden under the Act, or because he or she has filed a complaint, testified, or assisted in any proceeding under the Act.
Bona fide occupational qualification (BFOQ). It is permissible to hire an individual on the basis of age because of a BFOQ essential to the ...

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