['Sexual Harassment']
['Sexual Harassment']
06/14/2024
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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 Guidelines on Discrimination Because of Sex. The state law includes similar descriptions of what constitutes harassment or a hostile work environment, as well as similar descriptions of employer liability.
A political subdivision may, by ordinance or resolution, establish a local human relations commission.
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
Regulations
West Virginia Code Chapter 5, Article 11 - West Virginia Human Rights Act (specific sections below)
http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=05&art=11#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
Legislative Rule Title 77 - Human Rights Commission
www.hrc.wv.gov/Links/Pages/RulesandRegulations.aspx
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
29 CFR Part 1604, Guidelines on Discrimination Because of Sex
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