reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-02 - Rules of Practice and Procedure Before the West Virginia Human Rights Commission › Section 77-2-11 - Judicial Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Judicial review of a final order of the Commission may be obtained by the complainant, respondent or other person aggrieved by such order.
11.2. A party who seeks judicial review must file his/her appeal within thirty (30) days after receipt of the final order of the Commission.
11.3. For purposes of judicial appeal, the decision of the Commission affirming, modifying or setting aside the final decision of the administrative law judge shall constitute the final order of the Commission.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-02 - Rules of Practice and Procedure Before the West Virginia Human Rights Commission › Section 77-2-12 - General Investigations

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The Commission may, at its discretion and in accord with the power conferred upon it by the Act, conduct such general investigations and hearings into problems of discrimination as it deems necessary or desirable and may study and report upon the problems of the effect of discrimination on any field of human relationships.
12.2. In pursuing its functions authorized by the Act and by this section, the Commission may exercise its full powers of discovery as set forth in the Act and in these regulations.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-02 - Rules of Practice and Procedure Before the West Virginia Human Rights Commission › Section 77-2-13 - Declaratory Rulings and Guidelines

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Petitions for declaratory rulings filed with the Commission pursuant to W. Va. Code § 29A-4-l shall contain the following:
13.1.a. A statement of the question on which the declaratory ruling is sought;
13.1.b. A full statement of the facts giving rise to the question;
13.1.c. A statement of the basis for the petitioner's interest in the question; and
13.1.d. Any legal argument which petitioner wishes to submit.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-02 - Rules of Practice and Procedure Before the West Virginia Human Rights Commission › Section 77-2-14 - Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The chairperson, executive director, or such other person as may be designated or authorized by the Commission are authorized to certify all documents or records which are part of the files and records of the Commission.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-02 - Rules of Practice and Procedure Before the West Virginia Human Rights Commission › Section 77-2-15 - Public Information

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The documents listed below shall be available for inspection upon request. Duplication of materials available for inspection shall be subject to whatever charges the Commission may require for copying. Upon a showing of economic hardship, the Commission may waive or reduce normal fees for the copying of documents within its control or possession. The documents available are as follows:
15.1.a. Complaint;
15.1.b. Answer;
15.1.c. Consent Order;
15.1.d. Determinations and final dispositions of the Commission, any pleadings, briefs, subpoenas, answers, motions, responses, and orders filed or issued;
15.1.e. Notice of public hearing;
15.1.f. Transcript, exhibits and other evidence of record or of the hearing;
15.1.g. Decisions issued by the administrative law judge or Commission after public hearing; and
15.1.h. Notice of appeal from decision issued by the administrative law judge or the Commission.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-03 - Rules Regarding Religious Discrimination › Section 77-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The following legislative regulations of the West Virginia Human Rights Act (HRA), W. Va. Code '5-11-1 et seq., set forth rules for complying with the Act's prohibition against discrimination on the basis of religion and are intended to assist all persons in understanding their rights, obligations, and duties under the law in regard to this aspect of the HRA.
1.2. Authority. -- These regulations are issued under authority of W. Va. Code ''5-11-8(h) and 29A-3-1 et seq.
1.3. Filing Date. -- April 29, 1992.
1.4. Effective Date. -- April 29, 1992.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-03 - Rules Regarding Religious Discrimination › Section 77-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Religion" means and includes:
2.1.1. All aspects of religious observance and practice, as well as belief.
2.1.2. Moral and ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views. The fact that no religious group espouses such beliefs or that the religious group to which the individual professes to belong may not accept such belief will not conclusively determine whether the belief is a religious belief of the employee or prospective employee.
2.1.3. A religious practice or belief that is not absolutely mandated by a religious group but is a well established tradition among members of a faith.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-03 - Rules Regarding Religious Discrimination › Section 77-3-3 - Employment Discrimination Prohibited; Obligation to Make Reasonable Accommodations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No employer shall, on the basis of religion, discriminate against an individual concerning the terms, conditions, or privileges of employment unless it can be shown that the employer cannot reasonably accommodate an employee's or a prospective employee's religious observance or practice without undue hardship on the conduct of its business.
3.2. The duty not to discriminate on religious grounds includes an obligation on the part of the employer, and/or a labor organization, if applicable, to make reasonable accommodations to the religious needs of employees and prospective employees where such accommodations can be made without undue hardship to the conduct of the employer's business, provided that the employee or prospective employee has notified the employer or labor organization of his or her need for a religious accommodation or the employer or labor organization has otherwise obtained knowledge of the need for such an accommodation.
3.2.1. Because of the particularly sensitive nature of refusing to hire or discharging an individual on account of his/her religious beliefs, the burden of proof that the accommodations required by the individual's religious needs impose an undue hardship to the conduct of the employer's business, is on the employer. Resolution of such cases depends on specific factual circumstances and involves a delicate balancing of an applicant or employee's religious needs with the degree of disruption imposed on the employer's business operation.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-03 - Rules Regarding Religious Discrimination › Section 77-3-4 - Religious Harassment

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Harassment in the workplace on the basis of religion is an unlawful employment practice. Unwelcome comments, jokes, acts and other verbal or physical conduct may constitute religious harassment when:
4.1.1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
4.1.2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
4.1.3. Such conduct has the purpose of effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-03 - Rules Regarding Religious Discrimination › Section 77-3-5 - Selection Practices

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The duty to accommodate pertains to prospective employees as well as current employees. Consequently, an employer may not permit an applicant's need for a religious accommodation to affect in any way its decision whether to hire the applicant unless it can demonstrate that it cannot reasonably accommodate the applicant's religious practices without undue hardship.
5.2. It is an unlawful employment practice for any person to elicit or attempt to elicit any information directly or indirectly pertaining to the religion of applicants for employment. Examples of such a practice include the use of the following inquiries:
5.2.1. Requesting applicant's religious denomination, affiliation, church, parish, pastor, or religious holidays observed; representing to applicants that an employer is of a predominant or particular religious orientation.
5.2.2. Inquiry asking specifically for the religious affiliation of schools attended by the applicant.
5.2.3. Requirement of submission of a religious reference.
5.2.4. Any inquiry into willingness to work any particular religious holiday.
5.2.5. Requesting a list of all clubs, social fraternities, societies, lodges, or organizations to which the applicant belongs, other than trade, professional or service organizations.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-03 - Rules Regarding Religious Discrimination › Section 77-3-6 - Application to Labor Organizations, Employment Agencies, and Apprentice Training Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In addition to employers, the rules set forth in this series shall also apply, when relevant, to labor organizations, employment agencies, and joint labor-management committees controlling apprentice training programs.
6.2. When a collective bargaining agreement includes a requirement that employees join a labor organization or pay a sum equivalent to its dues, the organization must accommodate an employee whose religious beliefs do not permit compliance by permitting him/her to donate a sum equivalent to dues to a charitable organization.
6.3. An employment agency that receives a job order containing an unlawful request based on religion will share responsibility with the employer placing the job order if the agency fills the order knowing that the religion specification is not based upon a bona fide occupational qualification. However, an employment agency will not be deemed to be in violation of the law, regardless of the determination as to the employer, if the agency does not have reason to believe that the employer's claim of bona fide occupational qualification is without substance and the agency makes and maintains a written records available to the Commission of each such job order. Such record shall include the name of the employer, the description of the job and the basis for the employer's claim of a bona fide occupational qualification.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-03 - Rules Regarding Religious Discrimination › Section 77-3-7 - Exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. W. Va. Code '5-11-9 provides an exception to the prohibition of discrimination in employment when such discrimination is based on a bona fide occupational qualification (BFOQ). The Commission construes the BFOQ provision very narrowly and the burden of proving the existence of a BFOQ is on the employer.
7.2. When a certain religious orientation is reasonably necessary to the normal operation of a business or enterprise, an employer may require that applicants for the position in question ascribe to that religion.
7.3. The employment discrimination provisions in these rules do not apply to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its religious and religion-related activities. This exemption does not protect those activities of a religious institution that are for all practical purposes devoid of religious content and meaning.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-03 - Rules Regarding Religious Discrimination › Section 77-3-8 - Public Accommodations

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. These regulations apply to any owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodations as defined by W. Va. Code '5-11-2(j).
8.2. It shall be unlawful to refuse, withhold from, or deny, either directly or indirectly, to any individual because of religion, any of the accommodations, advantages, facilities, privileges, or services of such place of accommodation.
8.3. It shall be unlawful to refuse to make reasonable accommodations necessary to make any public accommodation available to persons otherwise excluded because of their religion, provided that such accommodations do not impose an undue hardship. The principles of reasonable accommodation and undue hardship, as set forth in section 3 of this rule, shall be used as guidelines in determining whether a person has been unlawfully discriminated against on the basis of religion by a place of public accommodations.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-04 - Rules Regarding Sexual Harassment › Section 77-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The following legislative regulations of the West Virginia Human Rights Act (HRA), W. Va. Code '5-11-1 et seq., set forth guidelines for interpreting the Act's prohibition against discrimination on the basis of sex by means of sexual harassment and are intended to assist all persons in understanding their rights, obligations, and duties under the law in regard to this aspect of the HRA.
1.2. Authority. -- W. Va. Code ''5-11-8(h) and 29A-3-1 et seq. They are based on the decision of the West Virginia Supreme Court of Appeals in Westmoreland Coal Co. v. Human Rights Commission, __ W. Va. __, 382 S.E.2d 562 (1989), which held that sexual harassment is a form of discrimination prohibited by the West Virginia Human Rights Act and decisions of the federal courts.
1.3. Filing Date. -- April 29, 1992.
1.4. Effective Date. -- April 29, 1992.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-04 - Rules Regarding Sexual Harassment › Section 77-4-2 - Sexual Harassment Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. When it occurs in the workplace, harassment on the basis of sex is a violation of W. Va. Code '5-11-9(a)(1). The HRA affords employees the right to work in an environment free from discriminatory intimidation, ridicule, or insult.
2.2. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
2.2.1. Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of an individual's employment or is exchanged for job benefits;
2.2.2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
2.2.3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-04 - Rules Regarding Sexual Harassment › Section 77-4-3 - Employer Liability for Sexual Harassment

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An employer, employment agency, joint apprenticeship committee or labor organization (hereinafter collectively referred to as "employer") is responsible for its acts and those of its officers, agents and supervisory employees with respect to sexual harassment regardless of whether the specific acts complained of were authorized or even forbidden by the employer and regardless of whether the employer knew or reasonably should have known of their occurrence, except that the employer is not responsible if the officer, agent or supervisory employee was acting outside the scope of his employment. The Commission will examine the circumstances of the particular employment relationship and the job functions performed by the individual in determining whether an individual acted as an officer, or in either a supervisory or agency capacity, and acted within or outside of the scope of his employment.
3.2. With respect to conduct between fellow employees, an employer is responsible for acts of sexual harassment in the workplace where the employer (or its agents or supervisory employees) knew or reasonably should have known of such conduct, or expressly or impliedly authorized or ratified such conduct. As a defense an employer may show that it took timely and appropriate corrective action regarding such conduct.
3.3. An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knew or should have reasonably known of the conduct and failed to take timely and appropriate corrective action. In reviewing these cases the Commission will consider the extent of the employer's control and any other legal responsibility which the employer may have with respect to the conduct of such non-employees.
3.4. Where employment opportunities or benefits are granted because of an individual's submission to the employer's sexual advances or requests for sexual favors, the employer may be held liable for unlawful sex discrimination against other persons who were qualified for but denied that employment opportunity or benefit.
3.5. Employers are encouraged to take all steps necessary to prevent sexual harassment from occurring. Appropriate preventative steps include, but are not limited to, affirmatively expressing strong disapproval of sexual harassment, developing and implementing appropriate sanctions, informing employees of their right to be free from harassment and the appropriate steps to take if harassment occurs, and developing methods to sensitize all employees regarding appropriate behavior in the workplace.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-04 - Rules Regarding Sexual Harassment › Section 77-4-4 - Public and Housing Accommodations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. This rule may be applied to any action involving an owner, lessee, proprietor, manager, superintendent, agent, broker, or employee of any place of public accommodations, as defined by W. Va. Code '5-11-3(j), or of any housing accommodation, as defined by W. Va. Code '5-11-3(k).
4.2. The concepts of duty and liability set forth in this series may be applied to instances of sexual harassment occurring in a place of public accommodations or involving the sale, rental, lease, assignment, sublease, or use of any housing accommodation.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-05 - Rules Regarding Exemption Of Private Clubs › Section 77-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The following legislative regulations of the West Virginia Human Rights Act (HRA), W. Va. Code '5-11-1 et seq., set forth guidelines for interpreting the Act's exemption of private clubs from the operation of its provisions and are intended to assist all persons in understanding their rights, obligations, and duties under the law in regard to this aspect of the HRA.
1.2. Authority. -- W. Va. Code ''5-11-8(h) and 29A-3-1 et seq. They are based on decisions of the United States Supreme Court and various federal circuit and district courts, and an interpretation of the HRA. It is proper for the Commission to look for guidance to federal court interpretations of similar federal statutes when interpreting the HRA. Human Rights Commission v. United Transportation Union, et al., 280 S.E.2d 653 (1981).
1.3. Filing Date. -- April 29, 1992.
1.4. Effective Date. -- April 29, 1992.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-05 - Rules Regarding Exemption Of Private Clubs › Section 77-5-2 - Exemption of Truly Private Clubs

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The exemption afforded private clubs by the West Virginia Human Rights Act, W. Va. Code '5-11-3(d) & (j) and '5-11-19, may be invoked as a defense to a complaint filed under the HRA only by clubs which are truly private and which are not in fact open to the public.
2.2. In determining whether a respondent is a truly private club which is not in fact open to the public, the Commission shall examine the following factors:
2.2.1. Whether the respondent is a club in the ordinary sense of the word and was formed because of common associational interests among the members;
2.2.2. Whether it carefully screens applicants for membership and selects new members with reference to the common intimacy of the association;
2.2.3. Whether it limits its membership to a number small enough to allow full membership participation and to ensure that all members share the common associational bond;
2.2.4. Whether it limits the use of its facilities and services strictly to members and bona fide guests of members;
2.2.5. Whether it is controlled by the membership either in the form of a general meeting or some other organizational form;
2.2.6. Whether publicity is directed solely to members for their information and guidance;
2.2.7. Whether it is nonprofit and operated solely for the benefit of the members.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-05 - Rules Regarding Exemption Of Private Clubs › Section 77-5-3 - Additional Indicators

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. In addition to the factors set forth in section 2.2 above, the Commission shall consider the following indicators in determining whether a respondent qualifies for a private club exemption:
3.1.1. It is an indicator that a club is not a truly private club not in fact open to the public if it provides regular meal service and regularly receives payment for dues, fees, use of space, facilities services, meals, or beverages directly or indirectly from or on behalf of nonmembers;
3.1.2. It is an indicator that a club is not truly private club not in fact open to the public if it carries on in any significant degree functions which are considered commercial in nature, such as if it provides a forum where business deals are often made and personal contacts valuable for business purposes, employment, and professional advancement are formed.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-05 - Rules Regarding Exemption Of Private Clubs › Section 77-5-4 - Standards of Review; Burden of Proof

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The claimant of unlawful discrimination against a club has the burden of proving unlawful discrimination.
4.2. The following guidelines shall be considered in determining whether a purported private club is truly private pursuant to the criteria contained in Section 2 and the indicators contained in Section 3:
4.2.1. An alleged private club exemption shall be examined in light of the HRA's clear purpose of protecting only the genuine privacy of private clubs whose membership is genuinely selective.
4.2.2. An alleged private club exemption shall be examined in light of the remedial purpose of the HRA to eliminate discrimination.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-05 - Rules Regarding Exemption Of Private Clubs › Section 77-5-5 - Preservation of and Defense of Right of Expressive Association

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Commission may not interfere in the activities of an alleged private club or subject club opportunities to scrutiny beyond what is necessary in good faith to enforce the HRA.
5.2. An alleged private club which is not in fact open to the public and which does not qualify for an exemption of truly private clubs pursuant to Section 2 of this rule may defend a prima facie case of unlawful discrimination by demonstrating that compliance with the HRA imposes a serious burden on its members' freedom of expressive association.
5.2.1. A purported private club may have a defense to a claim of unlawful discrimination if the purported private club does not automatically exclude persons from consideration for membership, or enjoyment of club accommodations and facilities, and the advantages and privileges of membership on account of race, religion, color, national origin, ancestry, sex, blindness, handicap, or familial status.
5.2.2. A purported private club may have a defense to a claim of unlawful discrimination if the purported private club is selective in its membership based upon a stated criterion unique to club members and such criterion is the primary basis of association, and the denial of club membership is not automatically based upon the applicant's race, religion, color, national origin, ancestry, sex, blindness, handicap, or familial status.
Example -- An alleged private club which requires that each member possess an IQ score exceeding 140 points may deny membership to a person with an IQ score less that 140 but may not deny membership to a person with an IQ score in excess of 140 on the basis of race, religion, color, national origin, ancestry, sex, blindness, handicap, or familial status.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-06 - Rules Regarding Waiver Of Rights Under The WV Human Rights Act › Section 77-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The following legislative rules set forth criteria for regulating the voluntary release or waiver of an individual's right to pursue a claim under the West Virginia Human Rights Act (HRA), W. Va. Code §
									5-11-1 et seq. The W. Va. Code is available in public libraries and on the Legislature's web page,
http://www.legis.state.wv.us/
.
1.2. Authority. -- These rules are issued under authority of W. Va. Code §§
									5-11-8(h) and 29A-3-1 et seq. They are modeled on the provisions governing waiver and release set forth in the Older Workers Benefit Protection Act of 1990 (codified at 42 U.S.C. § 626 ) and are designed to provide common criteria in federal and state standards concerning voluntary waiver and release.
1.3. Filing Date. -- July 10, 2002.
1.4. Effective Date. -- August 12, 2002.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-06 - Rules Regarding Waiver Of Rights Under The WV Human Rights Act › Section 77-6-2 - Commission's Right to Investigate

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. No waiver agreement signed by any individual shall effect the Commission's right and statutory duty to enforce the West Virginia Human Rights Act or to investigate any complaint filed before it. No waiver agreement may be used to justify interference with the right of an individual to file a complaint or participate in any proceeding conducted by this Commission.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-06 - Rules Regarding Waiver Of Rights Under The WV Human Rights Act › Section 77-6-3 - Waiver Must Be Knowing and Voluntary

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An individual may not waive any right or claim under the West Virginia Human Rights Act unless the waiver is knowing and voluntary.
3.2. Except as provided in 3.3., a waiver shall not be considered knowing and voluntary unless all of the following conditions are met:
3.2.a. The waiver is part of an agreement between the individual and the employer that is written in plain English and in a manner calculated to be understood by the average person with a similar educational and work background as the individual in question;
3.2.b. The waiver specifically refers to rights or claims arising under the West Virginia Human Rights Act;
3.2.c. The waiver does not extend to rights or claims that may arise after the date the waiver is executed;
3.2.d. The individual waives a right only in exchange for consideration that is in addition to anything of value to which the individual already is entitled;
3.2.e. The individual is advised in writing to consult with an attorney prior to executing the agreement and is provided with the toll free telephone number of the West Virginia State Bar Association (1-800-642-3617);
3.2.f. The individual is given a period of at least twenty-one (21) days within which to consider the agreement; and
3.2.g. The agreement provides that for a period of at least seven (7) days following execution of such agreement, the individual may revoke the agreement in writing, and the agreement shall not become effective or enforceable until the revocation period has expired.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-06 - Rules Regarding Waiver Of Rights Under The WV Human Rights Act › Section 77-6-4 - Waiver in Connection with Group Program

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In addition to the requirements set forth in §
									77-6-3, if a waiver is requested in connection with an exit incentive or other employment termination program offered to a group or class of employees, the employer must inform the individual in writing, in a manner calculated to be understood by the average individual eligible to participate, as to the following factors:
4.1.a. Any class, unit or group of individuals covered by such program, any eligibility factors for such program, and any time limits applicable to such program;
4.1.b. The job titles and ages of all individuals eligible or selected for the program, and the ages of all individuals in the same job classification or organizational unit who are not eligible or selected for the program;
4.1.c. The method and/or factors used or considered in arriving at the amount of consideration that is offered; and
4.1.d. The right to consider the agreement for a period of at least forty-five (45) days (instead of the twenty-one-day (21) period set forth in 3.2.f. above).
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-06 - Rules Regarding Waiver Of Rights Under The WV Human Rights Act › Section 77-6-5 - Burden of Proof on Waiver and Duress

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In any dispute that may arise over whether any of the requirements, conditions, and circumstances set forth above have been met, the party asserting the validity of the waiver shall have the burden of proving as an affirmative defense that a waiver was knowing and voluntary pursuant to the above terms.
5.2. Even if the conditions set forth in this rule have been met, an individual may show that a waiver is involuntary because it was executed as a result of a threat, intimidation or coercion on the part of the employer. The individual shall have the burden of proving that the threat, intimidation or coercion was a determining factor in the individual's decision to execute the waiver.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-06 - Rules Regarding Waiver Of Rights Under The WV Human Rights Act › Section 77-6-6 - Waiver as a Defense

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. During the investigation of a complaint, a properly obtained waiver shall be considered as evidence that a violation of the HRA has not occurred. If a probable cause determination is made despite the presence of a properly obtained waiver, the employer shall be permitted to raise the waiver as an affirmative defense in its answer to the complaint. Upon a finding of probable cause to believe that unlawful discrimination has occurred, the Commission may prosecute a complaint in its own name regardless of a waiver.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-06 - Rules Regarding Waiver Of Rights Under The WV Human Rights Act › Section 77-6-7 - Limit on Confidentiality Provision

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any confidentiality or other condition restricting the right of an individual to discuss the terms of a waiver shall be considered null and void and of no effect in regard to communication between an individual and the Human Rights Commission or an individual and similarly situated employees.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-06 - Rules Regarding Waiver Of Rights Under The WV Human Rights Act › Section 77-6-8 - Scope of Coverage

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The conditions of waiver set forth in this rule are declared to have equal applicability in regard to complaints involving alleged discrimination in employment, housing and public accommodation.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-07 - The Definition Of Employee Under The WV Human Rights Act › Section 77-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule interprets and implements the provisions of the West Virginia Human Rights Act, particularly W. Va. Code §
									5-11-3(d) related to the definition of employer, and is to assist all persons in understanding their rights, obligations, and duties under the law. The W. Va. Code is available in public libraries and on the Legislature's web page,
http://www.legis.state.wv.us/
.
1.2. Authority. -- W. Va. Code §
									5-11-8(h).
1.3. Filing Date. -- July 10, 2002.
1.4. Effective Date. -- August 12, 2002.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-07 - The Definition Of Employee Under The WV Human Rights Act › Section 77-7-2 - Definition; Manner of Calculating Employees

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Employer" means the state, or any political subdivision of the state, and any person employing twelve (12) or more persons within the state for twenty (20) or more calendar weeks in the calendar year in which the act of discrimination allegedly took place or the preceding calendar year: Provided, That such terms shall not be taken, understood, or construed to include a private club.
2.2. For purposes of this rule, the number of employees shall be calculated by including all persons with whom the employer has an employment relationship, whether or not the person is performing tasks or receiving compensation from the employer on a particular day. Individuals employed by his or her parent, spouse, or child shall not be counted.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-08 - Rules For The Processing Of Complaints And For Administrative Proceedings Under The WV Fair Housing Act › Section 77-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These regulations contain the procedures established by the West Virginia Human Rights Commission, pursuant to W. Va. Code '5-11A-11, for investigation and conciliation of complaints alleging discriminatory housing practices because of race, color, religion, sex or national origin, handicap or familial status; and for administrative proceedings before an administrative law judge adjudicating charges issued under W. Va. Code '5-11A-11.
1.2. Authority. -- These regulations are issued under authority of W. Va. Code ''5-11-8(h), 5-11A-8, 5-11A-9, 5-11A-13, 5-11A-20, and 29A-3-1 et seq.
1.3. Filing Date. -- August 27, 1992.
1.4. Effective Date. -- September 28, 1992.
1.5. Liberal Construction. -- These regulations shall be liberally construed to permit the commission to discharge its statutory functions and to secure just and expeditious determination of all matters before the West Virginia Human Rights Commission.
1.6. Fair and Expeditious Proceedings. -- Hearings under these rules shall be conducted as expeditiously and inexpensively as possible, consistent with the needs and rights of the parties to obtain a fair hearing and complete record. In processing complaints and conducting hearings, the commission will reasonably accommodate persons with disabilities.
1.7. Deviation from Regulations. -- In special cases, where good cause appears and not contrary to statute, the commission or its hearing examiner may permit deviation from these regulations insofar as it may find compliance therewith to be impractical or unnecessary.
1.8. Practice Where Regulations do not Govern. -- In situations where these regulations do not apply, the commission or its hearing examiner shall exercise discretion in accordance with traditional notions of fairness and justice.
1.9. Severability. -- If any of these regulations are held invalid, it shall not be construed to invalidate any of the other provisions of these regulations not otherwise affected.
1.10. Availability of Regulations. -- The regulations of the commission shall be on file in the office of the Secretary of State.
1.11. Additional Copies. -- Additional copies of the regulations of commission shall be available to the general public at the offices of the Secretary of State.
1.12. Delegation of Powers and Duties. -- Except where contrary to law, the commission may delegate any of the powers and duties of the commission to the executive director, hearing examiner, or other employees or agents of the commission.
1.13. Effect of amendments to the Act -- In the event that the Human Rights Act, West Virginia Code, Chapter 5, Article 11, is amended by the Legislature, these rules and regulations will automatically be amended to conform to such amendments.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-08 - Rules For The Processing Of Complaints And For Administrative Proceedings Under The WV Fair Housing Act › Section 77-8-2 - Definitions; Time Computations; Service and Filing

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Definitions. As used in this part:
2.1.1. Aggrieved person includes any person who:
2.1.1.a. Claims to have been injured by a discriminatory housing practice; or
2.1.1.b. Believes that such person will be injured by a discriminatory housing practice that is about to occur.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-08 - Rules For The Processing Of Complaints And For Administrative Proceedings Under The WV Fair Housing Act › Section 77-8-3 - Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Submission of information.
3.1.1. The commission will receive information concerning alleged discriminatory housing practices from any person. Where the information constitutes a complaint within the meaning of the West Virginia Fair Housing Act and these rules and is furnished by an aggrieved person, it will be considered to be filed under section 3.6 of these regulations. Where additional information is required for purposes of perfecting a complaint, the commission will advise what additional information is needed and will provide appropriate assistance in the filing of the complaint.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-08 - Rules For The Processing Of Complaints And For Administrative Proceedings Under The WV Fair Housing Act › Section 77-8-4 - Investigation Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Investigations
4.1.1. Upon the filing of a complaint under section 3.6 of these regulations, the commission will initiate an investigation. The purpose of an investigation are:
4.1.1.a. To obtain information concerning the events or transactions that relate to the alleged discriminatory housing practice identified in the complaint.
4.4.1.b. To document policies or practices of the respondent involved in the alleged discriminatory housing practice raised in the complaint.
4.4.1.c. To develop factual data necessary for the commission to make a determination under section 6.1 of these regulations whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, and to take other actions provided under this part.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-08 - Rules For The Processing Of Complaints And For Administrative Proceedings Under The WV Fair Housing Act › Section 77-8-5 - Conciliation Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Conciliation
5.1.1. During the period beginning with the filing of the complaint and ending with the filing of a charge or the dismissal of the complaint, the commission will, to the extent feasible, attempt to conciliate the complaint.
5.1.2. In conciliating a complaint, the commission will attempt to achieve a joint resolution of the complaint and to obtain assurances that the respondent will satisfactorily remedy any violations of the rights of the aggrieved person, and take such action as will assure the elimination of discriminatory housing practices, or the prevention of their occurrence, in the future.
5.1.3. Generally, officers, employees, and agents of the commission engaged in the investigation of a complaint under this part will not participate or advise in the conciliation of the same complaint or in any factually related complaint. Where the rights of the aggrieved party and the respondent can be protected and the prohibitions with respect to the disclosure of information can be observed, the investigator may suspend fact finding and engage in efforts to resolve the complaint by conciliation.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-08 - Rules For The Processing Of Complaints And For Administrative Proceedings Under The WV Fair Housing Act › Section 77-8-6 - Issuance of Charge

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Reasonable cause of determination
6.1.1. If a conciliation agreement under section 5.2 of these regulations has not been executed by the complainant and the respondent, and approved by the commission, the commission, within the time limits set forth in section 6.1.4, shall determine whether, based on the totality of the factual circumstances known at the time of the decision, reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur. The reasonable cause determination will be based on the facts concerning the alleged discriminatory housing practice, provided by complainant and respondent and otherwise disclosed during the investigation. In making the reasonable cause determination, the commission shall consider whether the facts concerning the alleged discriminatory housing practice are sufficient to warrant the initiation of a civil action in court.
6.1.1.a. In all cases not involving the legality of local zoning or land use laws or ordinances:
6.1.1.a.1. If the commission determines that reasonable cause exists, the commission will immediately issue a charge under section 6.2 of these regulations on behalf of the aggrieved person, and shall notify the aggrieved person and the respondent of this determination by certified mail or personal service.
6.1.1.a.2. If the commission makes an initial determination that no reasonable cause exists, the commission shall issue a short and plain written statement of the facts upon which the commission has based its determination; and shall notify the aggrieved person and the respondent of the determination, and of the reconsideration procedures provided by section 6.4 of these regulations, which notice shall be by certified mail or personal service.
6.1.1.a.3. If a request for reconsideration is not filed within ten (10) days of notice to an aggrieved party of the commission's initial determination of no reasonable cause, or upon reconsideration pursuant to section 6.4 of these regulations the executive director determines that there is no reasonable cause, the commission shall make a final determination that no probable cause exists, and the commission shall: issue a short and plain written statement of the facts upon which the commission has based the no reasonable cause determination; dismiss the complaint; notify the aggrieved person and the respondent of the dismissal (including the written statement or facts) by certified mail or personal service; and make public disclosure of the dismissal.