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Disabilities (ADA): West Virginia

Disabilities (ADA) requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Michelle Barrett Falconer, Littler


  • In addition to the federal equal opportunity laws, West Virginia employers must comply with the state antidiscrimination law, the West Virginia Human Rights Act. See Disability Discrimination in West Virginia.
  • The West Virginia Human Rights Act applies to employers with 12 or more employees. See Covered Employers.
  • The Act does not include drug or alcohol addiction in its definition of disability. See What Is a Disability?
  • Employers are required to provide reasonable accommodations in connection with an employee's pregnancy and are prohibited from discriminating against an employee based upon her pregnancy. See West Virginia Pregnant Workers' Fairness Act (PWFA).
  • West Virginia permits the use of medical marijuana by registered patients with a serious health condition. See Medical Marijuana.
  • Some West Virginia cities have enacted their own codes prohibiting employment discrimination. The most notable of these codes was enacted in the City of Charleston, West Virginia. See Local Antidiscrimination Ordinances.