Employment and Housing Discrimination

It is legal in West Virginia to fire someone simply because of their sexual orientation. Likewise, it’s perfectly legal to deny someone a hotel room or evict them from a house because of their sexual orientation. It’s not fair.

Fairness WV will continue to work to advance EHNDA, (Employment and Housing Nondiscrimination Act) to add sexual orientation to the Human Rights Act.

A majority of Americans believe that employment decisions should be based on a person’s qualifications, not sexual orientation. Lawmakers are considering legislation that would ban discrimination based on sexual orientation in employment, housing, and public services. Sign our petition to encourage them to pass such a law– Protect Workers!

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Nondiscrimination in Charleston

The City of Charleston is committed to ensuring that none of its citizens are made victims of discrimination in employment, housing, or public accommodations—including discrimination on the basis of sexual orientation or gender identity.

The current policy of the Charleston Human Rights Commission reads as follows:

Equal opportunity in the areas of employment, public accommodations is hereby declared to be a human right or civil right of all persons without regard to race, religion, color, national origin, ancestry, sex, age, blindness, handicap, or sexual orientation.*

Equal opportunity in the sale, lease, rental and financing of housing accommodations is hereby declared to be a human right or civil right of all persons without regard to race, religion, color, national origin, ancestry, sex, age, blindness, handicap, familial status, or sexual orientation.*

If you have been a victim of discrimination due to your actual or perceived sexual orientation, gender identity or gender expression, we want to hear your story. Email info@fairnesswv.org to share your voice.

If you wish to file a discrimination claim with the City of Charleston, you can download the appropriate form below, or visit the Charleston Human Rights Commission website.

Employment Complaint Form
Housing Complaint Form
Public Accommodations Complaint Form

*In the Charleston ordinance, “sexual orientation” is defined to mean “actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, appearance, or behavior of an individual, with or without regard to the individual’s assigned sex at birth.”

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Nondiscrimination in Morgantown

The City of Morgantown took a major step toward fair treatment of lesbian, gay, and bisexual individuals as the first city in West Virginia to include sexual orientation provisions in its municipal human rights ordinance in 2001.

However, the Morgantown Human Rights Commission has no formal authority to remedy unlawful discrimination. The Morgantown commission is only able to refer claims to the West Virginia Human Rights Commission—which currently provides no protections for discrimination based on sexual orientation.

Moreover, both the Morgantown and West Virginia provisions omit discrimination claims based on gender identity or expression.

Until a comprehensive, statewide Employment and Housing Nondiscrimination Act (EHNDA) is signed into law, complaints of discrimination in Morgantown based on sexual orientation, gender identity, or gender expression cannot be addressed.

The Morgantown Human Rights Commission objectives read as follows:

The Commission … shall strive to eliminate all discrimination in employment and places of public accommodations by virtue of race, religion, color, national origin, ancestry, sex, age, blindness, sexual orientation or disability, and shall strive to eliminate all discrimination in the sale, purchase, lease, rental or financing of housing and other real property by virtue of race, religion, color, national origin, ancestry, sex, age, blindness, sexual orientation or disability.

-Article 153, Section 07

If you have been a victim of discrimination based on sexual orientation or gender identity or expression, we want to hear your story. Email info@fairnesswv.org to make your voice heard.

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Nondiscrimination at West Virginia University

West Virginia University, the largest university in the state, has extended a policy of nondiscrimination based on sexual orientation to the university community. As one of two national research universities in the Mountain State, West Virginians proudly look to WVU as an exemplary institution on the cutting edge of learning and exploration. WVU is an academic and athletic leader, and the university has helped maintain its leadership through the adoption of an inclusive policy protecting employees, faculty, and students from discrimination based on a number of factors, including sexual orientation.

However, although WVU’s policy marks a major benchmark toward full and fair treatment, the university’s nondiscrimination provisions currently omit gender identity or expression protections.

WVU’s nondiscrimination policy states:

West Virginia University is an Equal Opportunity/Affirmative Action Institution. The University does not discriminate on the basis of race, sex, age, disability, veteran status, religion, sexual orientation, color, or national origin in the administration of any of its educational programs, activities, or with respect to admission or employment.

You can access the full WVU nondiscrimination statement at the President’s Office for Social Justice website.

Partner Benefits

WVU went further in 2011 by allowing same-sex partners of university employees or faculty to receive a number of soft benefits, including access to the WVU Child Learning Center, the WVU Faculty & Staff Assistance Program, library privileges, and memberships to the Student Recreation Center. The Charleston Gazette profiled the changes, which were instituted in April 2011. You can read the “benefits for other qualified adults” at the WVU Division of Human Resources.

Despite the noteworthy advances WVU has made in providing equitable benefits to LGBT employees and faculty, many bread and butter benefits remain off the table for LGBT families affiliated with the university. Crucial–and standard–employee benefits such as health insurance are currently denied to same-sex partners of university workers and professors. Of course, the extension of such benefits from a publicly funded West Virginia university is presently against the policy of the statewide Public Employees Insurance Agency. Until the PEIA policy is changed, same-sex couples at WVU or any other public institution in the state cannot enjoy the same health benefits as heterosexual couples.

Other WVU Resources

Beyond nondiscrimination protections and the extension of certain benefits to partnered gay, lesbian, and bisexual employees, the WVU President’s Office for Social Justice has established a Council on Sexual Orientation to continue fostering a positive culture among professors, students, and staff of the university. The Council hosts events (sponsoring the recent “Fairness in Faith” discussion, hosted by Fairness WV), provides resources, and promotes further acceptance on campus.

WVU is also home to a vibrant LGBT community among the student body. The WVU Queer Student Union (formerly known as BiGLTM) has a Facebook group you can check out to learn more.

WVU Common Ground is the LGBTQ and Allies association for faculty and staff of the university. Their page is available on Facebook.

OUTlaw is the WVU College of Law’s LGBT student group. Contact information is available at their website.

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Does your West Virginia college or university have an inclusive nondiscrimination policy? We want to know about it! Email info@fairnesswv.org to tell us about your school.

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Nondiscrimination at Marshall University

Marshall University, one of two major research institutions in the state of West Virginia, has affirmed its commitment to fair and equal treatment for members of the university community regardless of sexual orientation, among several other factors.

With its fair policies toward gay, lesbian, and bisexual employees and students, Marshall serves as an example for its surroundings, including Huntington, the university’s host city. Huntington does not currently have a nondiscrimination ordinance which protects people from discrimination based on sexual orientation.

Moreover, neither Marshall University nor Huntington provide remedies for discrimination based on actual or perceived gender identity or expression.

Marshall’s policy, while incomplete, still represents a step in the right direction toward promoting fair treatment of all university affiliates.

The Marshall University nondiscrimination policy includes the following passages:

All decisions to recruit, employ and retain candidates for positions will be based on qualifications. The University also ensures that all other terms and conditions of employment are provided to employees without regard to race, color, sex, age, religion, national origin, mental or physical disability, or sexual orientation.
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The University ensures equality of opportunity and treatment in all areas related to student admission, instruction, employment, placement, accommodations, financial assistance programs, and other services without regard to race, color, sex, age, religion, national origin, disability, or sexual orientation.

Furthermore, the University neither affiliates with nor grants recognition to any individual, contractor, or organization on or off campus having policies that discriminate on the basis of race, color, sex, age, religion, national origin, disability, or sexual orientation as defined by applicable laws and regulations.

Read the full policy from the Marshall University handbook.

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Does your West Virginia college or university have an inclusive nondiscrimination policy? We want to know about it! Email info@fairnesswv.org to tell us about your school.

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Nondiscrimination at West Virginia Wesleyan College

On the second page of its 2010-2011 Undergraduate Catalog, before outlining the academic calendar or course listings, West Virginia Wesleyan College unambiguously highlights its policy of nondiscrimination, one that explicitly includes protections against prejudice based on sexual orientation. Wesleyan, a private college located in Buckhannon in Upshur County, has made clear that its campus is and should be safe and welcoming for lesbian, gay, and bisexual students.

While the Wesleyan policy does serve as a progressive example, its nondiscrimination clause, like those of similar institutions in West Virginia, fails to explicitly protect students from discrimination based on gender identity or gender expression, whether actual or perceived. The Wesleyan commitment to fairness is laudable, even as the current nondiscrimination could be expanded to make the campus a fully inclusive environment.

West Virginia Wesleyan College’s nondiscrimination policy reads as follows:

West Virginia Wesleyan College, a private educational institution, is committed to the principle of equal opportunity for all qualified persons, welcomes students of all backgrounds and takes pride in the diversity of its faculty and staff. It assures students of access to all the privileges, programs and activities generally accorded or made available at the College. West Virginia Wesleyan College strongly supports affirmative action principles and does not discriminate on the basis of race, color, national origin, sex, sexual orientation, age, disability, or religious affiliation in the administration of its educational programs, admissions policies, financial aid programs, athletics, co-curricular activities or other College administered programs.

Read the full West Virginia Wesleyan nondiscrimination policy on page 2 of the Undergraduate Catalog.

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Does your West Virginia college or university have an inclusive nondiscrimination policy? We want to know about it! Email info@fairnesswv.org to tell us about your school.

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