The West Virginia Human Rights Act prohibits discrimination in employment based on race or color (WV Code Sec. 5-11-1 et seq.). The law applies to all public employers and private employers with 12 or more employees. Under the Act, it is unlawful to:
• 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 or entries concerning the race of any applicant for employment (but see exception under Affirmative Action below).
• Print or publish any notice or advertisement relating to employment indicating any preference, limitation, specification, or discrimination based on race.
• Deny or limit employment through a quota system because of race.
• 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.
• Aid, compel, or coerce any person to engage in any unlawful discriminatory practices under the Act.
• Engage in any form of threats or acts intended to harass, degrade, or cause physical harm or economic loss.
• Engage in any form of reprisal or otherwise discriminate against any person because he or she has opposed any practices forbidden under the Act, or because he or she has filed a complaint, testified, or assisted in any proceeding under the Act.
Retaliation claims. The 4th Circuit Court of Appeals has ruled that an employee alleging retaliation for filing a previous discrimination charge ...