What counts as workplace discrimination?

Discrimination occurs when an employer treats you less favorably because of a protected characteristic. Under the West Virginia Human Rights Act, protected classes include: race, religion, color, national origin, ancestry, sex, age, blindness or disability — applies to covered employers meeting a statutory minimum-size threshold; confirm coverage with a lawyer.

How do I prove discrimination?

You can show direct evidence (discriminatory statements, policies) or circumstantial evidence (differential treatment, statistical patterns, pretext for stated reasons) [42 U.S.C. 2000e-2].

Can I file with both the state agency and EEOC?

Yes. West Virginia Human Rights Commission is a deferral agency that cross-files with EEOC. Filing with one agency can often satisfy the requirements of the other through cross-filing agreements.

What happens after I file?

The agency investigates, attempts mediation or conciliation, and may issue findings. If unresolved, you receive a right-to-sue letter allowing you to file a lawsuit.

Topic guideUpdated 2026-02-27

West Virginia Workplace Discrimination — Filing a Complaint

Protected classes, filing deadlines, and how to pursue a discrimination claim under West Virginia and federal law.

The West Virginia Human Rights Act prohibits employment discrimination in West Virginia.

Protected Classes

Under West Virginia law, employers cannot discriminate based on: race, religion, color, national origin, ancestry, sex, age, blindness or disability — applies to covered employers meeting a statutory minimum-size threshold; confirm coverage with a lawyer.

Federal laws (Title VII, ADA, ADEA) provide additional protections for employees of employers with 15+ employees (20+ for age discrimination).

Types of Discrimination

Disparate treatment — intentional discrimination based on a protected characteristic

Disparate impact — neutral policies that disproportionately affect a protected group

Failure to accommodate — refusing reasonable accommodations for disability or religion

Harassment — creating a Hostile work environment based on a protected characteristic

Filing a Discrimination Complaint

You have Not stated here — the previously cited W. Va. Code § 5-11-13 has been repealed; confirm the current deadline with the West Virginia Human Rights Commission. West Virginia Human Rights Commission is a deferral agency that cross-files with EEOC.

	Details
State Agency	West Virginia Human Rights Commission (WVHRC)
Federal Agency	EEOC
State Deadline	Not stated here — the previously cited W. Va. Code § 5-11-13 has been repealed; confirm the current deadline with the West Virginia Human Rights Commission
Federal Deadline	180 days (300 with deferral) [42 U.S.C. § 2000e-5]

⚠Filing deadlines are strictly enforced. Missing the deadline typically bars your claim entirely, regardless of its merits.

✓File with both the state agency and EEOC to preserve all options. A single filing can often be cross-filed with both agencies.

Prepare for Your Consultation

Quick checklist (Employment Law)

Gather these before your first consultation.

Employment records

(pay stubs, contracts, offer letters)

Communication evidence

(emails, texts, performance reviews)

Witness information

(coworkers who can corroborate)

General preparation tips only. Specific needs depend on your state and employment situation.

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