H. B. 2763
(By Delegates Manuel, Butcher and
Rowe)
[Introduced February 12, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section nine, article eleven, chapter
five of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to the human rights
commission and unlawful discriminatory practices; and
prohibiting discrimination in providing access to public
accommodations because of means of transportation or
insignia on clothing.
Be it enacted by the Legislature of West Virginia:
That section nine, article eleven, chapter five of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, to read as follows:
ARTICLE 11. HUMAN RIGHTS COMMISSION.
§5-11-9. Unlawful discriminatory practices.
It shall be is an unlawful discriminatory practice, unless
based upon a bona fide occupational qualification, or except where based upon applicable security regulations established by
the United States or the state of West Virginia or its agencies
or political subdivisions:
(1) For any employer to discriminate against an individual
with respect to compensation, hire, tenure, terms, conditions or
privileges of employment if the individual is able and competent
to perform the services required even if such individual is blind
or disabled: Provided, That it shall not be is not an unlawful
discriminatory practice for an employer to observe the provisions
of any bona fide pension, retirement, group or employee insurance
or welfare benefit plan or system not adopted as a subterfuge to
evade the provisions of this subdivision;
(2) For any employer, employment agency or labor
organization, prior to the employment or admission to membership,
to: (A) Elicit any information or make or keep a record of or
use any form of application or application blank containing
questions or entries concerning the race, religion, color,
national origin, ancestry, sex or age of any applicant for
employment or membership; (B) print or publish or cause to be
printed or published any notice or advertisement relating to
employment or membership indicating any preference, limitation,
specifications or discrimination based upon race, religion,
color, national origin, ancestry, sex, disability or age; or (C) deny or limit, through a quota system, employment or membership
because of race, religion, color, national origin, ancestry, sex,
age, blindness or disability;
(3) For any labor organization because of race, religion,
color, national origin, ancestry, sex, age, blindness or
disability of any individual to deny full and equal membership
rights to any individual or otherwise to discriminate against
such individual with respect to hire, tenure, terms, conditions
or privileges of employment or any other matter, directly or
indirectly, related to employment;
(4) For an employer, labor organization, employment agency
or any joint labor-management committee controlling apprentice
training programs to:
(A) Select individuals for an apprentice training program
registered with the state of West Virginia on any basis other
than their qualifications as determined by objective criteria
which permit review;
(B) Discriminate against any individual with respect to his
or her right to be admitted to or participate in a guidance
program, an apprenticeship training program, on-the-job training
program or other occupational training or retraining program;
(C) Discriminate against any individual in his or her pursuit
of such programs or to discriminate against such a person in the terms, conditions or privileges of such programs;
(D) Print or circulate or cause to be printed or circulated
any statement, advertisement or publication or to use any form of
application for these programs or to make any inquiry in
connection with a program which expresses, directly or
indirectly, discrimination or any intent to discriminate unless
based upon a bona fide occupational qualification;
(5) For any employment agency to fail or refuse to classify
properly, refer for employment or otherwise to discriminate
against any individual because of his or her race, religion,
color, national origin, ancestry, sex, age, blindness or
disability;
(6) For any person being the owner, lessee, proprietor,
manager, superintendent, agent or employee of any place of public
accommodations to:
(A) Refuse, withhold from or deny to any individual because
of his or her race, religion, color, national origin, ancestry,
sex, age, blindness or disability, the individual's mode of
transportation or the fact that the person has the name of an
organization or association on the person's clothing, either
directly or indirectly, any of the accommodations, advantages,
facilities, privileges or services of the place of public
accommodations;
(B) Publish, circulate, issue, display, post or mail, either
directly or indirectly, any written or printed communication,
notice or advertisement to the effect that any of the
accommodations, advantages, facilities, privileges or services of
any such place shall be refused, withheld from or denied to any
individual on account of race, religion, color, national origin,
ancestry, sex, age, blindness or disability, or that the
patronage or custom thereat of any individual, belonging to or
purporting to be of any particular race, religion, color,
national origin, ancestry, sex or age, or who is blind or
disabled, or that the individual's mode of transportation or the
fact that the person has the name of an organization or
association or other insignia on the person's clothing, is
unwelcome, objectionable, not acceptable, undesired or not
solicited; or
(7) For any person, employer, employment agency, labor
organization, owner, real estate broker, real estate salesman or
financial institution to:
(A) Engage in any form of threats or reprisal, or to engage
in, or hire, or conspire with others to commit acts or activities
of any nature, the purpose of which is to harass, degrade,
embarrass or cause physical harm or economic loss or to aid,
abet, incite, compel or coerce any person to engage in any of the unlawful discriminatory practices defined in this section;
(B) Willfully obstruct or prevent any person from complying
with the provisions of this article, or to resist, prevent,
impede or interfere with the commission or any of its members or
representatives in the performance of a duty under this article;
or
(C) Engage in any form of reprisal or otherwise discriminate
against any person because he or she has opposed any practices or
acts forbidden under this article or because he or she has filed
a complaint, testified or assisted in any proceeding under this
article.
NOTE: The purpose of this bill is to prohibit discrimination
in providing access to public accommodations because of means of
a person's transportation or insignia on clothing.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.