West Virginia Maternity and Pregnancy laws & HR compliance analysis

West Virginia Maternity and Pregnancy: What you need to know

The West Virginia Human Rights Act prohibits employment practices that discriminate on the basis of sex (including pregnancy).
This means that employers should ensure that their policies do not have a negative impact on applicants or employees of one sex more than the other.
The Act covers private employers with 12 or more employees and all state and local government agencies, regardless of size (WV Code Sec. 5-11-1et seq.).
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Effective June 2014, the Pregnant Workers Fairness Act requires that covered employers make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a job applicant or employee. The Act requires that an applicant or employee provide written documentation from a healthcare provider that specifies the individual’s limitations and suggests accommodations that would address those limitations.
Reasonable accommodation is required unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the employer's business. The Act prohibits employers from denying employment opportunities to a job applicant or employee based on the employer's refusal to make required reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions.
The Act covers all employers employing 12 or more persons within the state for 20 or more calendar weeks in the calendar year when the discrimination took place or in the preceding calendar year.
A job applicant or employee affected by pregnancy, childbirth, or related medical conditions may not be required to accept an accommodation, nor may an ...

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