The West Virginia Human Rights Act prohibits discrimination in employment based on religion (WV Code Sec. 5-11-1et seq.). The law applies to employers with 12 or more employees for 20 or more weeks within the calendar year in which the discrimination took place or the preceding calendar year. “Religion” is defined to include all aspects of religious observance and practice, as well as moral and ethical beliefs as to what is right and wrong, even if such beliefs are not held by the religious group to which the employee belongs. The definition does not include mere personal preferences, or codes or social or political beliefs that are not intimately associated with religious convictions shared by an organized group (WV Code of State Rules Sec. 77-3-3). Under the Act, it is unlawful to:
• Discriminate against an individual with respect to compensation, hire, tenure, terms, or conditions or privileges of employment if the individual is able and competent to perform the services required.
• Elicit any information about, keep a record of, or use any form of application containing questions concerning the religion of any applicant for employment.
• Print or publish any notice or advertisement relating to employment indicating any preference, limitation, specifications, or discrimination based upon religion.
• Use a quota system to deny or limit employment on the basis of religion.
• 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 ...