West Virginia AIDS and Disease laws & HR compliance analysis

West Virginia AIDS and Disease: What you need to know

The West Virginia Human Rights Act (WVHRA) prohibits discrimination in employment if an employee or applicant with a disability or blindness is able and competent to perform the services required (WV Code Sec. 5-11-1 et seq.). The Act covers all public employers and private employers with 12 or more employees. Retaliation against employees who file discrimination complaints or participate in the investigation or hearing of discrimination claims is also prohibited.
Individuals with asymptomatic acquired immunodeficiency syndrome (AIDS) are protected under the Act (Benjamin R. v. Orkin Exterminating Co., 182 W. Va. 615 (1990)).
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Under state law, the identity of a person voluntarily taking a human immunodeficiency virus (HIV)-related test is confidential. Test results are also confidential, except when disclosure is required by law or has been authorized by the tested individual (WV Code Sec. 16-3C-1).
Many employers are taking steps to prepare for the possibility of a pandemic flu with the anticipated employee absences and resulting impact on business operations. The federal Occupational Safety and Health Administration (OSHA) has guidance on preparing workplaces for a flu pandemic. Additional information is available.
Last reviewed August 2017.

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