WV · Civil Rights & Disputes

Civil Rights & Disputes in West Virginia

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key West Virginia Law

West Virginia Human Rights Act — W.Va. Code Section 5-11-1 et seq.

West Virginia's Human Rights Act prohibits discrimination in employment, housing, and places of public accommodations based on race, religion, color, national origin, ancestry, sex, age (40+), blindness, disability, and familial status.

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Procedural Details in West Virginia

West Virginia's Human Rights Commission (WVHRC) investigates discrimination complaints. Complaints must be filed within 365 days of the discriminatory act — a full year, longer than most states. West Virginia covers employers with 12 or more employees. West Virginia does not have explicit statewide protections for sexual orientation or gender identity. West Virginia does not have a general anti-SLAPP statute. The defamation statute of limitations in West Virginia is two years under W.Va. Code Section 55-2-12. West Virginia courts apply the zone-of-danger test for negligent infliction of emotional distress.

West Virginia Agencies & Resources

West Virginia Human Rights Commission (WVHRC)

State agency investigating discrimination complaints in employment, housing, and public accommodations.

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EEOC Pittsburgh Area Office (WV)

Federal agency handling employment discrimination charges for West Virginia workers.

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West Virginia State Bar — Lawyer Referral

Referral service for civil rights attorneys in West Virginia.

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Frequently Asked Questions

How long do I have to file a discrimination complaint in West Virginia?

West Virginia's Human Rights Commission allows complaints to be filed within 365 days (one year) of the discriminatory act — one of the longer administrative filing windows nationally.

Does West Virginia protect sexual orientation under civil rights law?

West Virginia's Human Rights Act does not include sexual orientation or gender identity as protected classes. Federal law (Title VII after Bostock) may provide some employment protections.

Does West Virginia have an anti-SLAPP statute?

No. West Virginia does not have a general anti-SLAPP statute. Defamation defendants rely on standard motion practice.

What is the defamation statute of limitations in West Virginia?

Defamation claims in West Virginia must be filed within two years under W.Va. Code Section 55-2-12.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026