Employment Laws in West Virginia
Definition of employee. Employee does not include any individual employed by his or her parents, spouse or child.
Definition of employer. Employer means the state, any political subdivision of the state and any person employing 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 can not 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 requirements. Not specified.
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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