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Service animals for the disabled and pregnant workers now added to protected status in West Virginia

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The West Virginia Human Rights Commission (HRC) revised the Human Rights Act notice and the Fair Housing Act notice to protect from discrimination persons with disabilities who utilize assistance animals from discrimination in housing.

Additionally, the Human Rights Act notice includes a new section for the Pregnant Workers’ Fairness Act. Under West Virginia state law, employers must make reasonable accommodation for pregnant workers by:

  • Allowing pregnant employees to request modified duties and other accommodations, such as bathroom breaks and help with manual labor.
  • Providing nursing women time to express breast milk during working hours.

The Act prohibits employers from excluding applicants from hiring consideration out of concern over an applicant’s pregnancy.

The HRC oversees enforcement of the State’s Human Rights Act. As of the writing of this post, the HRC website page devoted to Places of Public Accommodation and the online versions of the Human Rights Act and Fair Housing Act had yet to capture the inclusion of persons with disabilities who utilize assistance animals.

West Virginia Human Rights Act Posting

WV poster versus corrugated cardboardThe West Virginia Human Rights Act mandates that all employers and persons operating a place of public accommodation must display the posting in a conspicuous location (§5-11-1 7).

The West Virginia Human Rights Act notice is required for all employers.

Fun Fact: The West Virginia has the only notices in the U.S. that appear to be printed on corrugated cardboard or on a tin roof.

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