West Virginia . Anti-Discrimination . Updated April 2026

West Virginia prohibits discrimination based on 10 protected characteristics at employers with 12 or more employees.

The West Virginia Human Rights Act (WVHRA) extends anti-discrimination protections beyond federal Title VII thresholds, covering employers with 12 or more employees. It prohibits discrimination based on race, religion, color, national origin, ancestry, sex (including pregnancy), age (40+), blindness, and disability. Notably, it does not explicitly include sexual orientation or gender identity at the state level, though federal protections may apply.

Threshold
12+ employees
Protected Classes
9 State; 1 Federal
Pregnancy
Covered
Active

WV Human Rights Act

Prohibits discrimination in employment based on specified protected characteristics.

Avoid unlawful bias
Ensure fair hiring
Always running

What those rules do as a West Virginia shift is created.

When a new employee is hired or a shift is created in West Virginia, Teambridge automatically applies the WV Human Rights Act's provisions to ensure compliance. This means preventing discriminatory scheduling, hiring, and promotion practices from occurring.

Block biased hiring

Teambridge prevents the creation of job postings or hiring workflows that could inadvertently discriminate against protected classes under the WVHRA, ensuring all candidates receive fair consideration.

Flag discriminatory scheduling

Our system flags any scheduling patterns that appear to disproportionately impact employees based on protected characteristics, such as age or disability, prompting review and adjustment.

Avoid non-compliant promotion paths

Teambridge guides managers in developing promotion criteria that are objective and non-discriminatory, helping to avoid claims of unequal opportunity based on WVHRA protected classes.

Stop worrying about compliance.

Get a demo and see how Teambridge handles the complexity of West Virginia labor laws for you.

The rule, plainly stated

West Virginia prohibits discrimination in employment for employers with 12 or more employees.

The West Virginia Human Rights Act (WV Code 5-11) makes it unlawful for employers with 12 or more employees to discriminate against individuals in employment based on specific protected characteristics. This includes all aspects of employment, from hiring and firing to compensation and terms of employment.

WV Code § 5-11-9

Protected Characteristics

The WVHRA protects individuals from discrimination based on:

  • Race
  • Religion
  • Color
  • National origin
  • Ancestry
  • Sex (including pregnancy, childbirth, and related medical conditions)
  • Age (for individuals 40 years of age or older)
  • Blindness
  • Disability

It's important to note that while the federal Title VII applies to employers with 15 or more employees, West Virginia's threshold is lower at 12 employees, extending protection to more workers. Additionally, while the WVHRA itself does not explicitly include sexual orientation or gender identity, federal protections under Title VII (as interpreted by the U.S. Supreme Court) may apply.

Pregnancy Accommodation

Beyond the general prohibition on sex discrimination, the West Virginia Pregnant Workers' Fairness Act (WV Code 5-11B), effective June 7, 2019, requires employers with 4 or more employees to provide reasonable accommodations for pregnant workers. This applies to conditions related to pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship on the employer. Examples of accommodations can include:

  • More frequent or longer breaks
  • Modification of work schedules
  • Light duty assignments
  • Acquisition of equipment or seating
  • Transfer to a less strenuous or hazardous position

This act ensures that pregnant employees can continue working safely and without undue burden, further strengthening anti-discrimination protections in the state.

On autopilot

Teambridge automatically ensures your West Virginia operations comply with the Human Rights Act.

Teambridge integrates the specific requirements of the WV Human Rights Act into your operational workflows, from hiring to scheduling and performance management. This proactive approach minimizes the risk of unintentional discrimination and supports a fair and equitable workplace culture.

01 . Intelligent Hiring

Pre-screening for bias

Teambridge analyzes job descriptions and interview questions to identify and flag language that could be perceived as discriminatory against WVHRA protected classes, ensuring fair and compliant recruitment processes.

02 . Fair Scheduling Logic

Preventing disparate impact

Our scheduling algorithms incorporate WVHRA considerations, such as age and disability, to prevent schedules that disproportionately disadvantage protected employees. It also flags potential issues related to pregnancy accommodations.

03 . Performance & Promotion Tracking

Objective career paths

Teambridge helps establish and monitor objective performance metrics and promotion criteria, reducing subjective bias and ensuring all employees have equal opportunities for advancement, in line with WVHRA provisions.

04 . Compliance Reporting

Audit-ready documentation

All actions and decisions influenced by WVHRA compliance are automatically logged, providing comprehensive, audit-ready documentation to demonstrate adherence to state anti-discrimination laws.

Back to all West Virginia rules
FAQ

People also ask.

What is the employee threshold for the WV Human Rights Act?
The West Virginia Human Rights Act applies to employers with 12 or more employees. This is a lower threshold than the federal Title VII, which applies to employers with 15 or more employees.
What protected characteristics are covered under the WVHRA?
The WVHRA protects against discrimination based on race, religion, color, national origin, ancestry, sex (including pregnancy), age (40+), blindness, and disability.
Does the WVHRA cover sexual orientation or gender identity?
The West Virginia Human Rights Act itself does not explicitly list sexual orientation or gender identity as protected characteristics. However, federal protections under Title VII, as interpreted by the U.S. Supreme Court, may apply to these categories nationwide.
What is the West Virginia Pregnant Workers' Fairness Act?
The WV Pregnant Workers' Fairness Act (WV Code 5-11B) requires employers with 4 or more employees to provide reasonable accommodations for pregnant workers, or those with conditions related to pregnancy or childbirth, unless doing so would cause undue hardship.
When did the WV Pregnant Workers' Fairness Act become effective?
The West Virginia Pregnant Workers' Fairness Act became effective on June 7, 2019.
What kind of accommodations might be required for pregnant workers?
Reasonable accommodations for pregnant workers can include more frequent breaks, modified work schedules, light duty assignments, acquisition of equipment or seating, or transfer to a less strenuous position.

Last reviewed April 29, 2026

Primary sources

  1. West Virginia Code § 5-11 (Human Rights Act)
  2. West Virginia Code § 5-11B (Pregnant Workers' Fairness Act)
  3. West Virginia Human Rights Commission

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