## Workplace discrimination in West Virginia Federal law sets a baseline — protecting workers from discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, and gender identity per Bostock 2020), age (40+), disability, and genetic information. West Virginia adds its own protections on top. ### West Virginia-specific protections - **Protected classes:** Federal categories + ancestry, blindness. - **State agency:** West Virginia Human Rights Commission ## Federal protections (apply everywhere) - **Title VII of the Civil Rights Act (1964)** — race, color, national origin, religion, sex (including LGBTQ+ post-Bostock), and pregnancy. Applies to employers with 15+ employees. - **Age Discrimination in Employment Act (ADEA)** — workers age 40+. 20+ employees. - **Americans with Disabilities Act (ADA)** — disability + reasonable accommodation duty. 15+ employees. - **Pregnancy Discrimination Act + Pregnant Workers Fairness Act (2023)** — pregnancy and reasonable accommodations for pregnancy. - **Genetic Information Nondiscrimination Act (GINA)** — genetic info / family medical history. - **Equal Pay Act** — sex-based pay discrimination. - **Section 1981 of the Civil Rights Act of 1866** — race discrimination in contracts (longer SOL than Title VII). - **USERRA** — military service. ## How discrimination cases get proven Most cases use one of two frameworks: **Direct evidence.** A statement or document directly proving discriminatory motive ("We're not promoting women"). Rare but powerful. **McDonnell Douglas burden-shifting framework.** Almost all cases use this: 1. **Plaintiff establishes a prima facie case** — member of protected class, qualified, suffered adverse action, similarly-situated comparator outside the class treated better 2. **Burden shifts to employer** to articulate a legitimate, non-discriminatory reason 3. **Burden shifts back to plaintiff** to show the reason is pretext for discrimination Most cases turn on the pretext analysis. ## What counts as "adverse action" - **Termination, demotion, pay cut, layoff** — clearly adverse - **Failure to hire or promote** - **Hostile work environment** — harassment severe or pervasive enough to alter conditions of employment - **Constructive discharge** — conditions so intolerable a reasonable person would resign - **Retaliation** — being targeted after complaining (the most common type of EEOC charge) - **Reduced hours / shift changes** — sometimes - **Discriminatory denial of training / advancement opportunities** ## Reasonable accommodation Employers must provide **reasonable accommodation** for: - **Disability** (ADA + state laws) - **Religion** (Title VII + state laws — strengthened by Groff v. DeJoy 2023) - **Pregnancy** (PWFA, effective June 2023) Reasonable accommodation is an interactive, individualized process — not a unilateral employer choice. ## Hostile work environment A hostile work environment claim requires showing: 1. The harassment was based on a protected class 2. The conduct was severe or pervasive (single severe act CAN suffice) 3. It altered terms and conditions of employment 4. The employer knew (or should have known) and failed to act Examples that typically qualify: slurs, physical assault, sexual touching, repeated derogatory comments, displays of racist/sexist material. Single offhand comment, occasional teasing, isolated incidents — typically insufficient. ## Filing process 1. **File a charge** with EEOC (or state equivalent) within 180 days (or 300 days in states with their own agency) 2. **Agency investigation** — interviews, document review, mediation offers 3. **Right-to-sue letter** — issued by EEOC; gives you 90 days to file in court 4. **Lawsuit** filed in federal or state court 5. **Discovery** — written, depositions, document production 6. **Summary judgment motion** — defendants try to dismiss before trial 7. **Trial or settlement** ## Damages - **Back pay** — lost wages - **Front pay** — future lost wages if reinstatement isn't realistic - **Compensatory damages** — emotional distress, pain and suffering - **Punitive damages** — for willful or malicious discrimination (capped under federal law: $50K-$300K depending on employer size) - **Attorney's fees** — Title VII shifts fees to prevailing plaintiff - **Reinstatement** — return to job (uncommon) - **Injunctive relief** — orders changing employer practices ## Common defenses - **Legitimate non-discriminatory reason** — performance issues, misconduct, RIF - **Mixed motive** — even with bias, the same decision would have been made - **BFOQ (bona fide occupational qualification)** — specific job qualifications - **Voluntary affirmative-action plan** compliance - **Same-actor inference** — same person hired and fired - **Statute of limitations / failure to exhaust administrative remedies** ## What you should do Workplace discrimination cases require strategic decisions early — federal vs state agency, federal vs state court, individual vs class. West Virginia employment attorneys generally offer free or low-cost consultations and most work on contingency. Document everything, save emails, and don't sign severance documents without review. Filing deadlines are short and unforgiving. --- *This guide is general information about West Virginia law as of early 2026 and is not legal advice. Discrimination law shifts with regulation, agency policy, and Supreme Court decisions. Talk to a licensed West Virginia employment attorney about your specific situation.*