West Virginia Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in West Virginia and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record. 

West Virginia has a ban-the-box law that applies to public employers. It restricts when inquiries may be made regarding an applicant’s criminal background, with the goal to reduce bias in hiring and provide more opportunities.

Does West Virginia Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

West Virginia fair hiring laws follow federal guidelines with some additions. The West Virginia Human Rights Act encompasses facets of several federal laws but defines an employer as any person employing more than 12 people for 20 weeks of a calendar year. Federal laws apply to employers with a minimum of 15 employees.

Do West Virginia Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

Under the West Virginia Equal Pay for Equal Work Act, employers may not discriminate between men and women by paying different wages for comparable work. This statute follows the EPA, while also allowing employees to file a claim for unpaid wages for one year, additional damages, and reasonable attorney fees. These claims may be filed for the employee only or on behalf of a group of employees similarly wronged. Employers found in violation may be convicted with a misdemeanor and a fine of $25 to $100.

Do West Virginia Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

The statutes of the ADEA are contained in The West Virginia Human Rights Act, which says employers may not discriminate against prospective employees aged 40 or above. Complaints about violations may be made to The West Virginia Human Rights Commission.

Do West Virginia Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

The West Virginia Human Rights Act also aligns with the federal ADA on hiring discrimination based on physical disability.

Do West Virginia Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

West Virginia state law aligns with GINA.

Do West Virginia Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

West Virginia law matches Title VII of the Civil Rights Act in its Human Rights Act, which prohibits hiring discrimination based on race, religion, color, national origin, or ancestry. It also protects prospective employees from racial harassment and protects those who report or oppose this behavior. The West Virginia Human Rights Commission is authorized by law to enlist the help of groups dedicated to increasing tolerance and equal protection under the law.

Are There Different Fair Hiring Laws in Cities or Municipalities Across West Virginia?

The cities of Wheeling, Beckley, Morgantown, and Weirton each have their own Human Rights Commissions. Beckley and Morgantown seek to address discrimination because of gender identity or sexual orientation, while Wheeling is primarily focused on racial, religious, and ethnic groups.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.