Disabilities (ADA): West Virginia

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

Author: Michelle Barrett Falconer, Littler

Summary

• 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 Pregnant Workers Fairness Act.
• West Virginia permits the use of medical marijuana by registered patients with a serious health condition. See Medical Marijuana.
• Charleston has requirements pertaining to disability discrimination. See Local Requirements.