§5-11-1. Short Title
This article shall be known and may be cited and referred to as "The West Virginia Human Rights Act."
§5-11-10. Discriminatory Practices; Investigations, Hearings, Procedures and Orders
Any individual claiming to be aggrieved by an alleged unlawful discriminatory practice shall make, sign and file with the commission a verified complaint, which shall state the name and address of the person, employer, labor organization, employment agency, owner, real estate broker, real estate salesman or financial institution alleged to have committed the unlawful discriminatory […]
§5-11-11. Appeal and Enforcement of Commission Orders
(a) From any final order of the commission, an application for review may be prosecuted by either party to the Supreme Court of Appeals within thirty days from the receipt thereof by the filing of a petition therefor to such court against the commission and the adverse party as respondents, and the clerk of such […]
§5-11-12. Local Human Relations Commissions
(a) The legislative body of a political subdivision may, by ordinance or resolution, authorize the establishment or membership in and support of a local human relations commission. The number and qualifications of the members of any local commission and their terms and method of appointment or removal shall be such as may be determined and […]
§5-11-13. Exclusiveness of Remedy; Exceptions
(a) Except as provided in subsection (b), nothing contained in this article shall be deemed to repeal or supersede any of the provisions of any existing or hereafter adopted municipal ordinance, municipal charter or of any law of this state relating to discrimination because of race, religion, color, national origin, ancestry, sex, age, blindness or […]
§5-11-14. Penalty
Any person who shall willfully resist, prevent, impede or interfere with the commission, its members, agents or agencies in the performance of duties pursuant to this article, or shall willfully violate a final order of the commission, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not […]
§5-11-15. Construction; Severability
The provisions of this article shall be liberally construed to accomplish its objectives and purposes. If any provision of this article be held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect or invalidate the other provisions hereof, all of which are declared and shall be construed to […]
§5-11-16. Certain Records Exempt
Notwithstanding any other provisions of this article, it shall not be an unlawful discriminatory practice for the Bureau of Employment Programs to ascertain and record the age, sex, race, religion, color, national origin, ancestry, blindness or disability of any individual for the purpose of making such reports as may from time to time be required […]
§5-11-17. Posting of Law and Information
Every employer, labor organization, employment agency and person operating a place of public accommodations, as defined herein, subject to this article, shall keep posted in a conspicuous place or places on his premises a notice or notices to be prepared or approved by the commission, which shall set forth excerpts of this article and such […]
§5-11-18. Injunctions in Certain Housing Complaints
When it appears that a housing unit or units described in a complaint may be sold, rented or otherwise disposed of before a determination of the complaint or case has been made by the commission or during judicial review of any final order of the commission, the circuit court of the county in which such […]
§5-11-19. Private Club Exemption
Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or guests of members […]
§5-11-2. Declaration of Policy
It is the public policy of the State of West Virginia to provide all of its citizens equal opportunity for employment, equal access to places of public accommodations, and equal opportunity in the sale, purchase, lease, rental and financing of housing accommodations or real property. Equal opportunity in the areas of employment and public accommodations […]
§5-11-20. Violations of Human Rights; Civil Action by Attorney General
(a) A person has the right to engage in lawful activities without being subject to actual or threatened: (1) Physical force or violence against him or her or any other person, or
§5-11-3. Definitions
When used in this article: (a) The term "person" means one or more individuals, partnerships, associations, organizations, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers and other organized groups of persons; (b) The term "commission" means the West Virginia Human Rights Commission; (c) The term "director" means the executive director of the […]
§5-11-4. Powers and Objectives
The commission shall have the power and authority and shall perform the functions and services as in this article prescribed and as otherwise provided by law. The commission shall encourage and endeavor to bring about mutual understanding and respect among all racial, religious and ethnic groups within the state and shall strive to eliminate all […]
§5-11-5. Composition; Appointment, Terms, and Oath of Members; Compensation and Expenses
The commission shall be composed of nine members, all residents and citizens of the State of West Virginia and broadly representative of the several racial, religious, and ethnic groups residing within the state, to be appointed by the Governor, by and with the advice and consent of the Senate. Not more than five members of […]
§5-11-6. Commission Organization and Personnel; Executive Director; Offices; Meetings; Quorum; Expenses of Personnel
As soon as practical after July 1, of each year, the Governor shall call a meeting of the commission to be convened at the state Capitol. The commission shall at such meeting organize by electing one of its members as chairperson of the commission and one as vice chairperson thereof for a term of one […]
§5-11-7. Assistance to Commission; Legal Services
The commission may call upon other officers, departments and agencies of the state government to assist in its hearings, programs and projects. The Attorney General of the state shall render legal services to the commission upon request made by the commission or by the chairman or the executive director thereof.
§5-11-8. Commission Powers; Functions; Services
The commission is hereby authorized and empowered: (a) To cooperate and work with federal, state and local government officers, units, activities and agencies in the promotion and attainment of more harmonious understanding and greater equality of rights between and among all racial, religious and ethnic groups in this state; (b) To enlist the cooperation of […]
§5-11-9. Unlawful Discriminatory Practices
It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, or except where based upon applicable security regulations established by the United States or the State of West Virginia or its agencies or political subdivisions: (1) For any employer to discriminate against an individual with respect to compensation, hire, tenure, […]