If you are a victim of West Virginia employment discrimination, you may be able to pursue a claim against your place of employment. Employment discrimination can be based on sex, age, gender identity, race, creed, religion, or other factors. State and federal laws have been enacted to protect workers from being treated improperly. This article details employment discrimination in West Virginia and what to do if you are a victim of employment discrimination.
What Kind of Discrimination Laws are in Place in West Virginia?
The West Virginia Human Rights Act makes it illegal for an employer to discriminate based on race, sex, age (40 years old and up), disability, religion, color, ancestry, national origin, blindness and/or disability. Title VII of the Civil Rights Act is a federal law enacted to prohibit workplace discrimination. State laws often apply to smaller employers and ensure more workers are protected from being mistreated in the workplace.
Who is Protected By Federal and State Laws in West Virginia?
In West Virginia, the state laws apply to employers who have 12 or more employees. This means that if your workplace has at least 12 workers, you can file a claim with the state agency. If your employer has 15 or more employees, the federal laws apply, and you can file your claim through the Equal Employment Opportunity Commission (EEOC). Whether you file your claim through the state, or the federal agency may depend on the size of your employer. If your employer has fewer than 12 workers, then you most likely are not protected by any anti-discrimination laws in the workplace.
What Employers are Covered by Discrimination Laws in West Virginia?
Because of the West Virginia Human Rights Act, employers with 12 or more employees must adhere to the workplace discrimination laws. Federal laws apply to employers with 15 or more employees. Only if you are working for an employer who has fewer than 12 employees would you not be protected by the anti-discrimination laws. The laws apply to government agencies, private and public employers, labor unions, and temporary agencies.
Which State Agencies Regulate Workplace Harassment Laws in West Virginia?
In West Virginia, you can file a claim with the West Virginia Human Rights Commission (WVHRC). To file a claim with the WVHRC, call (888) 676-5546 or visit the website. The office is located at 1321 Plaza East, Suite 108A, Charleston, WV 25301. Your employer must have 12 or more employees for you to file a claim with the WVHRC.
To file a claim with the EEOC, you can visit www.eeoc.gov to find the nearest field office or to start an online claim. You can also call (800) 669-4000 to speak with a representative and to start the claims process. Be sure to have all your documentation to pursue a claim against your employer for workplace discrimination. To file a claim with the EEOC in West Virginia, you will use the nearest office, which is at 1000 Liberty Avenue, Suite 1112, Philadelphia, Pennsylvania.
How Do I File A Discrimination Claim in West Virginia?
In West Virginia, when you file a claim with the WVHRC or the EEOC, provide evidence and documentation to back up your claim. This evidence can include witness statements, emails, text messages, photos, and recordings. You have one year from the date of the incident to file a claim with the WVHRC, or you have 300 days to file with the EEOC or to cross-file with the state agency. You should file your claim as quickly as possible, so your claim will not be dismissed. If you do not file your claim before the deadline, it will be dismissed, and you cannot be compensated for your losses. Review your company handbook to see the company policy for filing a claim.
How Do I Get Help Filing A Discrimination Claim in Virginia?
If you suffered employment discrimination in West Virginia, consult with an employment law attorney. An attorney will be familiar with the state and federal laws that apply to your situation and will be able to determine the best way to proceed with your claim against your employer. Remember there is a strict statute of limitations for pursuing a claim against your employer, and if you wait too long you lose your chance to recover your losses. Do not put off getting the legal guidance that you need. Complete the Free Case Evaluation Form on this page to share the details of your West Virginia workplace discrimination complaint with an attorney.