§5-11-3. Definitions

Published: 2015

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WVC 5-11-3

§5-11-3. Definitions.

When used in this article:

(a) The term "person" means one or more individuals,

partnerships, associations, organizations, corporations, labor

organizations, cooperatives, legal representatives, trustees,

trustees in bankruptcy, receivers and other organized groups of


(b) The term "commission" means the West Virginia human rights


(c) The term "director" means the executive director of the


(d) The term "employer" means the state, or any political

subdivision thereof, and any person employing twelve or more

persons within the state for twenty or more calendar weeks in the

calendar year in which the act of discrimination allegedly took

place or the preceding calendar year: Provided, That such terms

shall not be taken, understood or construed to include a private


(e) The term "employee" shall not include any individual

employed by his or her parents, spouse or child;

(f) The term "labor organization" includes any organization

which exists for the purpose, in whole or in part, of collective

bargaining or of dealing with employers concerning grievances,

terms or conditions of employment or for other mutual aid or

protection in relation to employment;

(g) The term "employment agency" includes any person

undertaking, with or without compensation, to procure, recruit,

refer or place employees. A newspaper engaged in the activity of

advertising in the normal course of its business shall not be

deemed to be an employment agency;

(h) The term "discriminate" or "discrimination" means to

exclude from, or fail or refuse to extend to, a person equal

opportunities because of race, religion, color, national origin,

ancestry, sex, age, blindness, disability or familial status and

includes to separate or segregate;

(i) The term "unlawful discriminatory practices" includes only

those practices specified in section nine of this article;

(j) The term "place of public accommodations" means any

establishment or person, as defined herein, including the state, or

any political or civil subdivision thereof, which offers its

services, goods, facilities or accommodations to the general

public, but shall not include any accommodations which are in their

nature private. To the extent that any penitentiary, correctional

facility, detention center, regional jail or county jail is a place

of public accommodation, the rights, remedies and requirements

provided by this article for any violation of subdivision (6),

section nine of this article shall not apply to any person other

than: (1) Any person employed at a penitentiary, correctional

facility, detention center, regional jail or county jail; (2) any

person employed by a law-enforcement agency; or (3) any person visiting any such employee or visiting any person detained in

custody at such facility;

(k) The term "age" means the age of forty or above;

(l) For the purpose of this article, a person shall be

considered to be blind only if his central visual acuity does not

exceed twenty/two hundred in the better eye with correcting lenses,

or if his visual acuity is greater than twenty/two hundred but is

occasioned by a limitation in the fields of vision such that the

widest diameter of the visual field subtends an angle no greater

than twenty degrees; and

(m) The term "disability" means:

(1) A mental or physical impairment which substantially limits

one or more of such person's major life activities. The term

"major life activities" includes functions such as caring for one's

self, performing manual tasks, walking, seeing, hearing, speaking,

breathing, learning and working;

(2) A record of such impairment; or

(3) Being regarded as having such an impairment.

For the purposes of this article, this term does not include

persons whose current use of or addiction to alcohol or drugs

prevents such persons from performing the duties of the job in

question or whose employment, by reason of such current alcohol or

drug abuse, would constitute a direct threat to property or the

safety of others.

Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.