West Virginia Discrimination laws & HR compliance analysis

West Virginia Discrimination: What you need to know

The West Virginia Human Rights Act (WVHRA) prohibits discrimination in employment based on race, religion, color, national origin, ancestry, sex (including sexual harassment), age (40 years and older), blindness, or other disability (WV Code Sec. 5-11-1 et seq.). The Act also prohibits retaliation against an employee for exercising his or her rights under the Act. All public employers and private employers with 12 or more employees are covered.
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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 protected characteristic of any applicant for employment, except that an employer may inquire into an applicant's ability to perform a job-related function.
• Print or publish any notice or advertisement relating to employment indicating any preference, limitation, specification, or discrimination based on a protected characteristic.
• 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, an on-the-job training program, or any 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 forms 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 for opposing any practices forbidden under the Act ...

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