The West Virginia Human Rights Act prohibits employment practices that discriminate on the basis of race, religion, color, national origin, ancestry, sex, age, blindness, or disability (WV Code Sec. 5-11-9). 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) exception (WV Code Sec. 5-11-9).
The Act covers private employers with 12 or more employees within the state for 20 or more calendar weeks in the calendar year or the preceding calendar year and all state and local government agencies, regardless of size.
It is unlawful for an employer to engage in any form of reprisal or discriminate against a person because the person has opposed unlawful discriminatory practices or has filed a complaint, testified, or assisted in any proceeding under the Act (WV Code Sec. 5-11-9(7)).
Pregnancy discrimination.The West Virginia Pregnant Workers Fairness Act prohibits employers from discriminating against applicants or employees on the basis of pregnancy, childbirth, or related medical conditions (WV Code Sec. 5-11B-1 et seq.). The law also requires employers to provide reasonable accommodations to the known pregnancy-related limitations of an applicant or employee. The law applies to employers covered under the West Virginia Human Rights Act.
Acquired immunodeficiency syndrome (AIDS) test results. A separate law provides that no person may be compelled to disclose the results of any test for human immunodeficiency virus (HIV) infection or AIDS (WV Code Sec. 16-3C-1 et seq.).
Tobacco products. Discrimination against an individual because he or she uses tobacco products ...