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Discrimination law in West Virginia aims to protect individuals from unfair treatment based on certain characteristics such as race, color, national origin, sex, religion, disability, and age. These protections apply in various areas of daily life, including employment, housing, public accommodations, and educational opportunities. Both federal and state laws prohibit practices that treat people differently or disadvantageously due to these protected traits. West Virginia has its own set of laws that work alongside federal anti-discrimination statutes, allowing residents to pursue justice if they experience unfair treatment.
People often seek legal help for discrimination issues when they believe they have been unfairly treated or denied opportunities because of their protected status. Common situations where you may need a lawyer include:
West Virginia's primary anti-discrimination law is the West Virginia Human Rights Act. This Act prohibits discrimination based on race, religion, color, national origin, ancestry, sex, age (40 and over), blindness, and disability. It applies to employment, housing, and public accommodations. Additionally, West Virginia law prohibits retaliation against individuals who file discrimination complaints or participate in investigations.
State law closely mirrors many federal laws such as Title VII of the Civil Rights Act, the Fair Housing Act, and the Americans with Disabilities Act. However, the state's Human Rights Act may cover some smaller employers who are not covered under federal law. The West Virginia Human Rights Commission is the principal agency that investigates and resolves discrimination complaints in the state.
Discrimination involves treating someone differently or less favorably because of protected traits like race, sex, religion, disability, or age in areas such as employment, housing, and public services.
Employees, tenants, consumers, and anyone seeking access to public accommodations and educational opportunities are typically protected if the negative action is based on protected characteristics outlined in state or federal law.
You can file a complaint with the West Virginia Human Rights Commission. The process usually involves submitting a written statement of the discriminatory action and participating in an investigation.
In most cases, complaints must be filed within 365 days of the alleged discriminatory act, but some federal laws or agency deadlines may be shorter. Acting promptly is important.
Yes, many claims can be filed jointly with the West Virginia Human Rights Commission and the relevant federal agency such as the Equal Employment Opportunity Commission (EEOC).
The responsible agency will investigate your complaint, which may include interviewing witnesses, reviewing documents, and possibly mediating between you and the alleged discriminator. If they find evidence of discrimination, they may pursue settlement or legal action.
West Virginia law prohibits retaliation against individuals who oppose discrimination or participate in an investigation or lawsuit. Retaliatory actions can include termination, demotion, harassment, or other adverse actions.
You might receive compensation for lost wages, job reinstatement, policy changes, damages for emotional distress, and sometimes punitive damages depending on the case.
Yes, West Virginia’s Human Rights Act covers employers with more than twelve employees, so some smaller companies are covered by state law even if they are exempt from certain federal laws.
While federal protections for sexual orientation and gender identity apply under certain circumstances, West Virginia state law does not specifically list these categories. However, some local ordinances and recent federal court interpretations extend certain protections. An attorney can help clarify the best course of action for your specific case.
If you need more information or assistance about discrimination in West Virginia, consider these resources:
If you believe you have been a victim of discrimination in West Virginia:
