W. Va. Code » §5-11-9. Unlawful discriminatory practices.
West Virginia Code

W. Va. Code § 5-11-9 (2026)

Unlawful discriminatory practices

✓ current as of May 2026
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ARTICLE 11. HUMAN RIGHTS COMMISSION.

§5-11-9. Unlawful discriminatory practices.

[Repealed.]

Notes of Decisions
Cited in 210 cases (58 in the last 5 years), 1980–2025 · leading case: Michael Ex Rel. Michael v. Appalachian Heating, LLC, 701 S.E.2d 116 (W. Va. 2010).
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Michael Ex Rel. Michael v. Appalachian Heating, LLC, 701 S.E.2d 116 (W. Va. 2010). · cites it 165× “The Plaintiffs respond that the West Virginia Human Rights Act, specifically W. Va. Code § 5-11-9 (7)(A) (1998) (2006), [13] expressly prohibits discrimination based on race or the fact that a person resides in public housing.”
Hosaflook v. Consolidation Coal Co., 497 S.E.2d 174 (W. Va. 1997). · cites it 38× “Code § 5-11-9, a "Qualified Individual with a Disability" has been defined by regulation as "an individual who is able and competent, with reasonable accommodation, to perform the essential functions of the job[.]" 6B WV CSR § 77-1-4.2; W.Va.Code § 5-11-9 (1992).”
Conrad v. Ara Szabo, 480 S.E.2d 801 (W. Va. 1996). · cites it 25× “On August 29, 1994, the plaintiff filed a complaint against ARA Szabo, the West Virginia Regional Jail and Correctional Facility Authority (the Authority), and Edward Rud-loff in the Circuit Court of Berkeley County alleging sexual discrimination under W.Va. Code 5-11-9(1)…”
Bailey v. Norfolk & W. Ry. Co., 527 S.E.2d 516 (W. Va. 1999). · cites it 35× “" The Plaintiffs alleged that this action by the Railroad violated West Virginia Code § 5-11-9(1) (1999), the West Virginia Human Rights Act, providing in pertinent part as follows: It shall be an unlawful discriminatory practice.”
Messer v. Huntington Anesthesia Grp., Inc., 620 S.E.2d 144 (W. Va. 2005). · cites it 12× “W. Va.Code § 5-11-9 (1998). [8] "The term `discriminate' or `discrimination' means to exclude from, or fail or refuse to extend to, a person equal opportunities because of .”
Williams v. Charleston Area Med. Ctr., Inc., 592 S.E.2d 794 (W. Va. 2003). · cites it 12× “Similarly, this Court has recognized that "reasonable accommodation" is intended to allow a disabled individual "to fully perform the job's essential functions": Under the West Virginia Human Rights Act, W.”
Hanlon v. Chambers, 464 S.E.2d 741 (W. Va. 1995). · cites it 8× “W.Va.Code, 5-11-9(1) (1992). In these eases, women are denied an equal opportunity in the workplace because, unlike their male counterparts, they must work in an atmosphere they find emotionally oppressive.”
Ways v. Imation Enter. Corp., 589 S.E.2d 36 (W. Va. 2003). · cites it 10× “Thereafter, the appellants amended their complaint to allege that the federal lawsuit was a separate unlawful discriminatory act of reprisal against the appellants, and other employees who may join their lawsuit, under W.Va.Code § 5-11-9(7) of the West Virginia Human Rights Act.”
Kalany v. Campbell, 640 S.E.2d 113 (W. Va. 2006). · cites it 16× “Campbell about the alleged incident, Mrs. Kalany was never placed on the work schedule at Irene's Bar.”
Taylor v. West Virginia Dep't of Health & Human resources, 788 S.E.2d 295 (W. Va. 2016). · cites it 5× “Gender Discrimination Claims Pursuant to W. Va.Code § 5-11-9 Finally, insofar as their employment claims are concerned, petitioners assert that they were discriminated against 28 due to their gender in violation of the Human Rights Act as set forth in West Virginia Code § 5-11-9…”
Martinez v. Asplundh Tree Expert Co., 803 S.E.2d 582 (W. Va. 2017). · cites it 4× “Code § 55-7-29, which limits punitive damage awards, apply to a wrongful discharge case under the West Virginia Human Rights Act, W.Va. Code § 5-11-9(1), where the plaintiff employee was discharged on September 3, 2013, the effective date of the statute is June 8, 2015, and this…”
K-Mart Corp. v. West Virginia Human Rights Comm'n, 383 S.E.2d 277 (W. Va. 1989). · cites it 24× “[5] For the purpose of creating a workable test, we believe that the elements found in W.Va.Code § 5-11-9 (1987) and our opinion in Shepherdstown can be easily adapted to situations involving discrimination in places of public accommodation.”
Show all 210 citing cases →
W. Va. Code § 5-11-9(1): 51 cases
Conrad v. Ara Szabo, 480 S.E.2d 801 (W. Va. 1996). “On August 29, 1994, the plaintiff filed a complaint against ARA Szabo, the West Virginia Regional Jail and Correctional Facility Authority (the Authority), and Edward Rud-loff in the Circuit Court of Berkeley County alleging sexual discrimination under W.Va. Code 5-11-9(1)…”
Martinez v. Asplundh Tree Expert Co., 803 S.E.2d 582 (W. Va. 2017). “Code § 55-7-29, which limits punitive damage awards, apply to a wrongful discharge case under the West Virginia Human Rights Act, W.Va. Code § 5-11-9(1), where the plaintiff employee was discharged on September 3, 2013, the effective date of the statute is June 8, 2015, and this…”
Hosaflook v. Consolidation Coal Co., 497 S.E.2d 174 (W. Va. 1997). “Code § 5-11-9, a "Qualified Individual with a Disability" has been defined by regulation as "an individual who is able and competent, with reasonable accommodation, to perform the essential functions of the job[.]" 6B WV CSR § 77-1-4.2; W.Va.Code § 5-11-9 (1992).”
Woods v. Jefferds Corp., 824 S.E.2d 539 (W. Va. 2019).
Knotts v. Grafton City Hosp., 786 S.E.2d 188 (W. Va. 2016).
W. Va. Code § 5-11-9(2): 1 case
Michael Ex Rel. Michael v. Appalachian Heating, LLC, 701 S.E.2d 116 (W. Va. 2010). “The Plaintiffs respond that the West Virginia Human Rights Act, specifically W. Va. Code § 5-11-9 (7)(A) (1998) (2006), [13] expressly prohibits discrimination based on race or the fact that a person resides in public housing.”
W. Va. Code § 5-11-9(3): 4 cases
Michael Ex Rel. Michael v. Appalachian Heating, LLC, 701 S.E.2d 116 (W. Va. 2010). “The Plaintiffs respond that the West Virginia Human Rights Act, specifically W. Va. Code § 5-11-9 (7)(A) (1998) (2006), [13] expressly prohibits discrimination based on race or the fact that a person resides in public housing.”
Ullom v. Rust-Oleum Corp. (S.D.W. Va 2023).
Cynthia D. Pajak v. Under Armour, Inc., Under Armour Retail, Inc., & Brian Boucher, 873 S.E.2d 918 (W. Va. 2022).
Roy v. Int'l Ass'n of Sheet Metal, Air, Rail & Transp. Workers Local Union No. 33 (S.D.W. Va 2020).
W. Va. Code § 5-11-9(4): 2 cases
Michael Ex Rel. Michael v. Appalachian Heating, LLC, 701 S.E.2d 116 (W. Va. 2010). “The Plaintiffs respond that the West Virginia Human Rights Act, specifically W. Va. Code § 5-11-9 (7)(A) (1998) (2006), [13] expressly prohibits discrimination based on race or the fact that a person resides in public housing.”
Roy v. Int'l Ass'n of Sheet Metal, Air, Rail & Transp. Workers Local Union No. 33 (S.D.W. Va 2020).
W. Va. Code § 5-11-9(5): 2 cases
Michael Ex Rel. Michael v. Appalachian Heating, LLC, 701 S.E.2d 116 (W. Va. 2010). “The Plaintiffs respond that the West Virginia Human Rights Act, specifically W. Va. Code § 5-11-9 (7)(A) (1998) (2006), [13] expressly prohibits discrimination based on race or the fact that a person resides in public housing.”
David Christopher Keffer v. Fayette Cnty. Bd. of Educ. (W. Va. 2024).
W. Va. Code § 5-11-9(6): 6 cases
Michael Ex Rel. Michael v. Appalachian Heating, LLC, 701 S.E.2d 116 (W. Va. 2010). “The Plaintiffs respond that the West Virginia Human Rights Act, specifically W. Va. Code § 5-11-9 (7)(A) (1998) (2006), [13] expressly prohibits discrimination based on race or the fact that a person resides in public housing.”
Hanlon v. Chambers, 464 S.E.2d 741 (W. Va. 1995). “W.Va.Code, 5-11-9(1) (1992). In these eases, women are denied an equal opportunity in the workplace because, unlike their male counterparts, they must work in an atmosphere they find emotionally oppressive.”
Skaff v. West Virginia Human Rights Comm'n, 444 S.E.2d 39 (W. Va. 1994).
Potomac Comprehensive Diagnostic & Guidance Ctr., Inc., aka Potomac Ctr., Inc. v. L.K., By Her Guardian & Conservator, Kelly Young, & D.S., By His Guardian & Conservator, Kelly Young (W. Va. 2024).
Doe v. Cabell Cnty. Bd. of Educ. (S.D.W. Va 2022).
W. Va. Code § 5-11-9(6)(A): 4 cases
West Virginia Human Rights Comm'n v. Wilson Estates, Inc., 503 S.E.2d 6 (W. Va. 1998).
Arbaugh v. Bd. of Educ., Cnty. of Pendleton, 329 F. Supp. 2d 762 (N.D.W. Va. 2004).
Baisden v. West Virginia Secondary Schs. Activities Comm'n, 568 S.E.2d 32 (W. Va. 2002).
Skaff v. West Virginia Human Rights Comm'n, 444 S.E.2d 39 (W. Va. 1994).
W. Va. Code § 5-11-9(7): 28 cases
Michael Ex Rel. Michael v. Appalachian Heating, LLC, 701 S.E.2d 116 (W. Va. 2010). “The Plaintiffs respond that the West Virginia Human Rights Act, specifically W. Va. Code § 5-11-9 (7)(A) (1998) (2006), [13] expressly prohibits discrimination based on race or the fact that a person resides in public housing.”
Conrad v. Ara Szabo, 480 S.E.2d 801 (W. Va. 1996). “On August 29, 1994, the plaintiff filed a complaint against ARA Szabo, the West Virginia Regional Jail and Correctional Facility Authority (the Authority), and Edward Rud-loff in the Circuit Court of Berkeley County alleging sexual discrimination under W.Va. Code 5-11-9(1)…”
Ways v. Imation Enter. Corp., 589 S.E.2d 36 (W. Va. 2003). “Thereafter, the appellants amended their complaint to allege that the federal lawsuit was a separate unlawful discriminatory act of reprisal against the appellants, and other employees who may join their lawsuit, under W.Va.Code § 5-11-9(7) of the West Virginia Human Rights Act.”
Bailey v. Norfolk & W. Ry. Co., 527 S.E.2d 516 (W. Va. 1999). “" The Plaintiffs alleged that this action by the Railroad violated West Virginia Code § 5-11-9(1) (1999), the West Virginia Human Rights Act, providing in pertinent part as follows: It shall be an unlawful discriminatory practice.”
Hanlon v. Chambers, 464 S.E.2d 741 (W. Va. 1995). “W.Va.Code, 5-11-9(1) (1992). In these eases, women are denied an equal opportunity in the workplace because, unlike their male counterparts, they must work in an atmosphere they find emotionally oppressive.”
W. Va. Code § 5-11-9(7)(A): 10 cases
Michael Ex Rel. Michael v. Appalachian Heating, LLC, 701 S.E.2d 116 (W. Va. 2010). “The Plaintiffs respond that the West Virginia Human Rights Act, specifically W. Va. Code § 5-11-9 (7)(A) (1998) (2006), [13] expressly prohibits discrimination based on race or the fact that a person resides in public housing.”
Bailey v. Norfolk & W. Ry. Co., 527 S.E.2d 516 (W. Va. 1999). “" The Plaintiffs alleged that this action by the Railroad violated West Virginia Code § 5-11-9(1) (1999), the West Virginia Human Rights Act, providing in pertinent part as follows: It shall be an unlawful discriminatory practice.”
Kalany v. Campbell, 640 S.E.2d 113 (W. Va. 2006). “Campbell about the alleged incident, Mrs. Kalany was never placed on the work schedule at Irene's Bar.”
Loudin v. Nat'l Liab. & Fire Ins., 716 S.E.2d 696 (W. Va. 2011).
Holstein v. Norandex, Inc., 461 S.E.2d 473 (W. Va. 1995).
W. Va. Code § 5-11-9(7)(B): 1 case
Morley v. Energy Servs. of Am. Corp. (S.D.W. Va 2024).
W. Va. Code § 5-11-9(7)(C): 19 cases
Hanlon v. Chambers, 464 S.E.2d 741 (W. Va. 1995). “W.Va.Code, 5-11-9(1) (1992). In these eases, women are denied an equal opportunity in the workplace because, unlike their male counterparts, they must work in an atmosphere they find emotionally oppressive.”
Roth v. DeFeliceCare, Inc., 700 S.E.2d 183 (W. Va. 2010).
Kalany v. Campbell, 640 S.E.2d 113 (W. Va. 2006). “Campbell about the alleged incident, Mrs. Kalany was never placed on the work schedule at Irene's Bar.”
Akers v. Cabell Huntington Hosp., Inc., 599 S.E.2d 769 (W. Va. 2004).
Conrad v. Ara Szabo, 480 S.E.2d 801 (W. Va. 1996). “On August 29, 1994, the plaintiff filed a complaint against ARA Szabo, the West Virginia Regional Jail and Correctional Facility Authority (the Authority), and Edward Rud-loff in the Circuit Court of Berkeley County alleging sexual discrimination under W.Va. Code 5-11-9(1)…”
W. Va. Code § 5-11-9(7)(a): 1 case
Dalton v. The Dow Chem. Co. (S.D.W. Va 2019).
W. Va. Code § 5-11-9(7)(c): 1 case
Emp. Resource Grp. & Charles Rice v. Connie Harless (W. Va. 2017).
W. Va. Code § 5-11-9(A): 1 case
Michael Ex Rel. Michael v. Appalachian Heating, LLC, 701 S.E.2d 116 (W. Va. 2010). “The Plaintiffs respond that the West Virginia Human Rights Act, specifically W. Va. Code § 5-11-9 (7)(A) (1998) (2006), [13] expressly prohibits discrimination based on race or the fact that a person resides in public housing.”
W. Va. Code § 5-11-9(a): 6 cases
Smith v. West Virginia Human Rights Comm'n, 602 S.E.2d 445 (W. Va. 2004).
Coffman v. West Virginia Bd. of Regents, 386 S.E.2d 1 (W. Va. 1988).
Larry v. Marion Cnty. Coal Co., 302 F. Supp. 3d 763 (2018).
Chico Dairy Co. v. West Virginia Human Rights Comm'n, 382 S.E.2d 75 (W. Va. 1989).
Davidson v. Shoney's Big Boy Restaurant, 380 S.E.2d 232 (W. Va. 1989).
W. Va. Code § 5-11-9(c): 1 case
Cynthia D. Pajak v. Under Armour, Inc., Under Armour Retail, Inc., & Brian Boucher, 873 S.E.2d 918 (W. Va. 2022).
W. Va. Code § 5-11-9(f)(1): 1 case
K-Mart Corp. v. West Virginia Human Rights Comm'n, 383 S.E.2d 277 (W. Va. 1989). “[5] For the purpose of creating a workable test, we believe that the elements found in W.Va.Code § 5-11-9 (1987) and our opinion in Shepherdstown can be easily adapted to situations involving discrimination in places of public accommodation.”
W. Va. Code § 5-11-9(f)(l): 1 case
Israel Ex Rel. Israel v. West Virginia Secondary Schs. Activities Comm'n, 388 S.E.2d 480 (W. Va. 1989).
W. Va. Code § 5-11-9(g): 1 case
Collins v. AAA Homebuilders, Inc., 333 S.E.2d 792 (W. Va. 1985).
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