The West Virginia Human Rights Act prohibits discrimination based on race, religion, color, national origin, ancestry, sex, age (40 years and older), blindness, or disability, unless there is a bona fide occupational qualification (BFOQ) (i.e., a characteristic necessary in order to perform the job in question).
The Act covers the state and private employers that have employed 12 or more employees for 20 or more calendar weeks in the current or prior calendar year. In addition, employers are prohibited from printing or publishing any job notice or advertisement indicating a discriminatory preference, limitation, or specification unless the preference, limitation, or specification is based on a BFOQ (WV Code Sec. 5-11-2et seq.).