Discrimination At Work
W. Va. Code § 16B-17-9 — race, religion, color, national origin, ancestry, sex, age, blindness or disability, and 365 days to file
An employer may not discriminate in pay, hiring, tenure, terms, conditions or privileges against someone able and competent to do the work, even if the person is blind or disabled.
Discrimination means denying equal opportunity because of race, religion, color, national origin, ancestry, sex, age, blindness, disability or familial status. Age means 40 or above, and an employer is one with 12 or more people in the state for 20 or more calendar weeks a year.
No reprisal. No one may retaliate against a person for opposing a forbidden practice, filing a complaint, testifying or helping in a proceeding.
365 days. A verified complaint is filed with the Human Rights Commission within 365 days after the alleged act of discrimination.
A complainant may ask for a notice of a right to sue at any time after timely filing, and then has 90 days after it is given to file in court, or longer if the limitations period has not run.
Private clubs are outside the definition of employer. A particular claim is a question for a licensed West Virginia attorney.
Sources for this section (4)
- W. Va. Code § 16B-17-3 — Human Rights Act: definitions
- W. Va. Code § 16B-17-9 — Unlawful discriminatory practices
- W. Va. Code § 16B-17-10 — Discriminatory practices; investigations, hearings, procedures and orders
- W. Va. Code § 16B-17-13 — Human Rights Act: exclusiveness of remedy; exceptions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.