WEST VIRGINIA LEGISLATURE

2023 REGULAR SESSION

Introduced

House Bill 3463

By Delegates Walker, Pushkin, Hansen, Griffith, Hornbuckle, Rowe, Garcia, Williams, Skaff, Fluharty, and Young

[Introduced February 14, 2023; Referred to the Committee on Government Organization]

A BILL to amend and reenact §5A-1-11 of the Code of West Virginia, 1931, as amended, all relating to requiring the EEO coordinator to undertake a study of the ADA accessibility of the Main Capitol Building.

Be it enacted by the Legislature of West Virginia:

Article 1. Department of Administration.

§5A-1-11. State of West Virginia Office of Equal Opportunity.

(a) There is created within the Department of Administration the State of West Virginia Office of Equal Opportunity, to be directed by the State Equal Opportunity Coordinator, who shall be appointed by the Secretary of the Department of Administration.

(b) The coordinator shall be a full-time employee and shall have an in-depth working knowledge of the federal Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, The Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1977, Sections 102 and 103 of the Civil Rights Act of 1991, Sections 501 and 505 of the Rehabilitation Act of 1973, and the Genetic Information Nondiscrimination Act of 2008. The coordinator shall also have an in-depth working knowledge of the challenges facing West Virginian minorities and those living with disabilities and shall continually seek to update his or her understanding of such challenges through further education and information gathering.

(c) The coordinator shall:

(1) Advise the Director of Personnel in the development of comprehensive policies and programs for the development, implementation, and monitoring of a statewide program to assure compliance with 42 U.S.C. §12101, et seq., the federal Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, The Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1977, Sections 102 and 103 of the Civil Rights Act of 1991, Sections 501 and 505 of the Rehabilitation Act of 1973, and the Genetic Information Nondiscrimination Act of 2008;

(2) Assist in the formulation of rules and standards relating to the review, investigation, and resolution of complaints of discrimination in employment, education, housing, and public accommodation;

(3) Consult and collaborate with state and federal agency officials to develop the statewide compliance program;

(4) Consult and collaborate with state agencies on the federal Equal Employment Opportunity Act and Americans with Disabilities Act and provide training for managers and supervisors on regulations and related issues;

(5) Represent the state on local, state, and national committees and panels related to the Americans with Disabilities Act and the Equal Employment Opportunity Act;

(6) Advise the Governor and agency heads on federal Americans with Disabilities Act and Equal Employment Opportunity Act issues;

(7) Consult with state equal employment opportunity officers on the hiring of persons with disabilities;

(8) Be available to inspect and advise the leasing section of the Division of Purchasing on all physical properties owned or leased by the State of West Virginia for compliance with 42 U.S.C. §12101, et seq., the federal Americans with Disabilities Act; and

(9) Report annually on the Office of Equal Opportunity to the Governor, President of the Senate, and Speaker of the House of Delegates.

(d) The coordinator shall undertake a comprehensive study and review of the main Capitol building for accessibility and compliance with the Americans with Disabilities Act. The study shall include an examination of various types of accessibility, including visual, motor/mobility, auditory, seizures, and learning/cognitive, and any recommendations to address the lack of accessibility in the building. The report shall be completed by October 1, 2023, and shall be provided to the Governor, the Speaker of the House, and the President of the Senate.

NOTE: The purpose of this bill is to require the EEO coordinator to undertake a study of the ADA accessibility of the Main Capitol Building.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.