Workplace Issues in West Virginia
Key West Virginia Law
West Virginia Code Section 5-11-9 (West Virginia Human Rights Act)
The West Virginia Human Rights Act prohibits employment discrimination based on race, religion, color, national origin, ancestry, sex, age (40+), blindness, or disability. It applies to employers with 12 or more employees and is administered by the West Virginia Human Rights Commission.
View official statuteProcedural Details in West Virginia
West Virginia Agencies & Resources
West Virginia Human Rights Commission
Investigates employment discrimination complaints under the West Virginia Human Rights Act. File within 365 days of the discriminatory act.
West Virginia Division of Labor
Enforces West Virginia minimum wage and wage payment laws. Handles wage claims.
EEOC Pittsburgh Area Office
Handles federal employment discrimination charges for West Virginia workers.
Frequently Asked Questions
How long do I have to file a discrimination complaint in West Virginia?
West Virginia gives workers 365 days (one year) from the discriminatory act to file a complaint with the West Virginia Human Rights Commission — more generous than many states. The Commission covers employers with 12 or more employees. After investigation, workers may request a right-to-sue notice.
What is West Virginia's minimum wage?
West Virginia's minimum wage is $8.75 per hour, slightly above the federal floor of $7.25 per hour. West Virginia has not enacted further increases and does not allow local minimum wage ordinances.
Does West Virginia protect sexual orientation in employment?
West Virginia's Human Rights Act does not expressly protect sexual orientation or gender identity. Workers may rely on the federal Bostock v. Clayton County interpretation of Title VII for federal protections under Title VII.
Am I protected for filing a workers' compensation claim in West Virginia?
Yes. West Virginia courts have clearly recognized a public policy exception to at-will employment when an employee is terminated for filing a workers' compensation claim. This is one of the strongest at-will exceptions in West Virginia law. Workers who are fired shortly after filing a workers' comp claim may have a strong wrongful termination case.
Related Workplace Issues Scenarios
Can I sue for wrongful termination?
Understanding when firing might be illegal and what your employment rights are.
Can I sue for unpaid wages?
Understanding your rights when an employer doesn't pay what you're owed.
Can I sue for retaliation after reporting workplace safety concerns?
Legal protection against employer retaliation for reporting safety violations or refusing unsafe work.
Can I sue for disability discrimination when employer won't accommodate?
Legal options when employers fail to provide reasonable accommodations for qualified disabilities.
Have a Specific Situation in West Virginia?
Every situation is unique. Try our educational assessment tool for guidance based on your specific circumstances.