Disability discrimination - West Virginia

Summary of differences between federal and state regulations

Employer defined

“Employer” means the state, or any political subdivision, and any person employing 12 or more persons within the state for 20 or more calendar weeks in the calendar year in which the act of discrimination allegedly took place or the preceding calendar year. The term does not include a private club.

The number of employees is calculated by including all persons with whom the employer has an employment relationship, whether or not the person is performing tasks or receiving compensation from the employer on a particular day. Individuals employed by his or her parent, spouse, or child are not counted.

Unlawful employment practices

The unlawful employment practices and exemptions are similar to those under the federal Americans With Disabilities Act. For example, the state law includes exemptions for bona fide occupational qualifications and requires employers to make reasonable accommodations.

Posting

Every employer and covered entity must keep posted in a conspicuous place or places a notice or notices prepared or approved by the commission which sets forth excerpts of the Human Rights Act and other relevant information.

State

Contact

West Virginia Human Rights Commission

Regulations

West Virginia Code Chapter 5, Article 11 - West Virginia Human Rights Act (specific sections below)
www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=05&art=11.

WVC §5-11-9, Unlawful discriminatory practices
www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=05&art=11§ion=9.

WVC §5-11-17, Posting of law and information
www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=05&art=11.§ion=17#11.

Legislative Rule Title 77 - Human Rights Commission
https://hrc.wv.gov/Links/Pages/RulesandRegulations.aspx

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

Americans With Disabilities Act

29 CFR Parts 1630, Regulations to Implement the Equal Employment Provisions of the Americans With Disabilities Act