Federal & State Regulations | Discrimination - Other - West Virginia

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The West Virginia Human Rights Act identifies the following protected classes for purposes of employment discrimination:

Race,
Religion,
Color,
National origin,
Ancestry,
Sex,
Age (40 or above),
Blindness (visual acuity does not exceed 20/200 in better eye with correcting lenses), and
Disability (mental or physical impairment which substantially limits one or more of such person’s major life activities).

A discrimination action can be brought against an employer with 12 or more employees.

West Virginia has additional laws regarding pregnancy and the use of tobacco products.

Tobacco products

Employers are prohibited from discriminating against employees and applicants because of the individual’s use of tobacco products off the premises of the employer during non-working hours. Non-profit organizations which discourage the use of one or more tobacco products by the general public as a primary purpose are exempt. Employers may offer health, disability, or life insurance policies that make distinctions between employees for the type or price of coverage based upon employees’ use of tobacco products.

Pregnancy

Effective June 3, 2014, employers must make reasonable accommodations (unless they would impose an undue hardship on the business) to the known limitations related to the pregnancy, childbirth, or related medical conditions of a job applicant or employee, given documentation from the individual's health care provider specifying those limitations and suggesting accommodations to address them. Employers may not require an employee to take leave under any leave law or company policy if another reasonable accommodation can be provided.