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Employment Laws in West Virginia

Filed under Hiring Workers. Fact checked on December 13, 2011.

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Employers in West Virginia must conform to these state rules relating to the employment relationship.

Employee does not include an individual employed by his or her parents, spouse or child.

Employer means an employer of 12 or more persons within the state for 20 or more calendar weeks in the calendar year or the preceding calendar year in which the act of discrimination allegedly took place, but does not include a private club.

Prohibited Employment Discrimination

Employers may not discriminate in their hiring or employment practices against job applicants or employees on the basis of the individuals':

  • race
  • religion
  • color
  • national origin
  • ancestry
  • sex
  • age
  • blindness or other disability

Smoking preference. Employers may not discharge, discriminate with respect to compensation, terms, conditions or privileges of employment, or refuse to hire an individual because the individual uses tobacco products off the employer's premises during non-working hours.

Miners. A person cannot discharge or discriminate against any miner based on information gathered during nonemergency monitoring by a wireless tracking device worn by the miner for safety purposes.

Recordkeeping/Posting Requirements

Every employer that is subject to West Virginia's Human Rights Act must keep posted in a conspicuous place on its premises a notice prepared by the Human Rights Commission, setting forth excerpts of the law.

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