West Virginia Civil Rights Laws
Learn the basics of civil rights laws in West Virginia.
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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Civil rights laws are still at work today: combating racial and gender discrimination, ensuring equal opportunity hiring, and guaranteeing fair housing. And the legal theories that supported early civil rights movements in the past are being used to argue against bans on gay marriage today.
Civil Rights Laws
The concept of “civil rights,” refers broadly to the rights of each citizen to receive fair and equal treatment under the law. Passed in 1964, the federal Civil Rights Act codifies the majority of our civil rights protections. State civil rights laws often duplicate these federal regulations, but in some cases can provide more stringent protection against discrimination.
Civil Rights Laws in West Virginia
The details of West Virginia’s civil rights laws are listed below.
Code Section |
West Virginia Code 5-11-1, et seq.: Human Rights |
Agency |
Human Rights Commission |
Administrative Preemption |
No |
Private Action Permitted? |
Yes |
Attorney Fees Recoverable by Plaintiff? |
Yes |
Statute of Limitations |
1 yr. for agency actions; 2 yrs. for private action |
Filing Civil Rights Claims
State civil rights offices are tasked with enforcing civil rights protections, normally by way of civil lawsuits on behalf of citizens. These suits are aimed at punishing cases of discrimination and hopefully deterring them in the future. These are several options and important legal requirements for filing a civil rights claim, due to the designation of which courts can hear a civil rights lawsuit and the overlap with state law and federal civil rights statutes. The West Virginia Human Rights Commission can give you information regarding many types of discrimination and civil rights cases, and can also provide resources for filing civil rights claims.
More Resources for Civil Rights Laws in West Virginia
State civil rights laws can be complicated, from the types of behavior they prohibit to the types of remedies they provide. FindLaw’s section on Civil Rights can provide you with additional articles and resources on this topic. You can also consult with a West Virginia civil rights attorney in your area if you would like legal help regarding a civil rights matter.