The West Virginia Human Rights Act prohibits employment practices that discriminate on the basis of race, color, religion, age (40 and older), sex, national origin, ancestry, blindness (defined by statute), or disability. The Act specifically prohibits asking job applicants about any of these characteristics, either on an application form or in an interview, unless there is a bona fide occupational qualification (BFOQ) (WV Code Sec. 5-11-1 et seq.). The Act covers private employers with 12 or more employees within the state and all state and local government agencies, regardless of size.
Acquired immunodeficiency syndrome (AIDS) test results. A separate law provides that no person may be compelled to disclose the results of any test for HIV infection or AIDS (WV Code Sec. 16-3C-1 et seq.).
Use of tobacco products. Also prohibited is discrimination against an individual because he or she uses tobacco away from the workplace during nonworking hours. The law applies to all public and private employers, regardless of size, but does not apply to nonprofit employers whose primary purpose is discouraging tobacco use. Questions about an applicant's use of tobacco should be avoided (WV Code Sec. 21-3-19 ).
Religious accommodation. If an applicant has notified an employer of the need for a religious accommodation, the employer must reasonably accommodate the religious observance or practice of the individual unless the accommodation creates an undue hardship for the employer. It is also unlawful for an employer to refuse to hire an applicant who observes Friday, Saturday, or some other day of the week as the Sabbath, or who does not work on certain days in observance of certain special religious holidays (WV Admin. ...