State reference · WV

West Virginia ADA + employment hiring law

West Virginia Human Rights Act, W. Va. Code § 5-11-9. Enforced by West Virginia Human Rights Commission. Federal ADA Title I (42 U.S.C. § 12112) applies in parallel.

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State statute

West Virginia Human Rights Act is codified at W. Va. Code § 5-11-9.

Prohibits employment discrimination based on disability and other protected classes.

Federal ADA Title I (42 U.S.C. § 12112) and EEOC implementing regulations (29 C.F.R. Part 1630) apply in parallel.

Enforcing agency

West Virginia Human Rights Commission

Agency website: https://hrc.wv.gov/

WV HRC has a worksharing agreement with the EEOC; charges are typically dual-filed.

Employer-coverage threshold

12+ employees under W. Va. Code § 5-11-3(d).

What this page is not

This page is a public-record reference to statutes and agencies. It is not a survey of West Virginia case law, an enforcement-history summary, or legal advice. Relevant case law and agency-guidance interpretations evolve. Consult qualified employment counsel for West Virginia-specific questions.

Related

Frequently asked questions

What is the primary employment-discrimination statute in West Virginia?

West Virginia Human Rights Act, codified at W. Va. Code § 5-11-9. Prohibits employment discrimination based on disability and other protected classes.

Which agency enforces employment-discrimination law in West Virginia?

West Virginia Human Rights Commission. WV HRC has a worksharing agreement with the EEOC; charges are typically dual-filed.

What employer-size threshold applies in West Virginia?

12+ employees under W. Va. Code § 5-11-3(d).

How does West Virginia interact with federal ADA Title I?

Federal ADA Title I (42 U.S.C. § 12112) applies to private employers with 15 or more employees nationwide. West Virginia employers also face the state-level statutory framework above. WV HRC has a worksharing agreement with the EEOC; charges are typically dual-filed.

Where can I read the West Virginia statute and agency materials?

Statute citation: W. Va. Code § 5-11-9. Agency: West Virginia Human Rights Commission at https://hrc.wv.gov/. EEOC ADA Title I guidance is available at https://www.eeoc.gov/disability-discrimination.

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