West Virginia Sex Discrimination laws & HR compliance analysis

West Virginia Sex Discrimination: What you need to know

The West Virginia Human Rights Actprohibits discrimination in employment on the basis of sex (including pregnancy) (WV Code Sec. 5-11-1 et seq.). The law applies to private employers with 12 or more employees, and to all state and local government agencies, regardless of size.
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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.
• Print or publish any notice or advertisement relating to employment indicating any preference, limitation, specification, or discrimination based on sex.
• 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 under the Act.
• Engage in any form 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, or for filing a complaint, testifying, or assisting in any proceeding under the Act.
Bona fide occupational qualification (BFOQ) exception. Differences in treatment are permissible where sex is a BFOQ essential to the position in question. The BFOQ exception applies in only limited circumstances, ...

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