226 sections in this chapter.
W. Va. Code § 16B-18-19 Severability of provisions
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If any provision of this article or the application thereof to any person or circumstances is held invalid, the remainder of the article and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.
W. Va. Code § 16B-18-2 Declaration of policy
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It is the policy of the State of West Virginia to provide, within Constitutional limitations, for fair housing throughout the state.
W. Va. Code § 16B-18-20 Rules to implement article
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In consultation with other appropriate agencies, the commission shall, not later than the one hundred eightieth day after the date of the enactment of this article, issue rules to implement it. Such rules may include provision for the collection, maintenance, and analysis of appr…
W. Va. Code § 16B-18-3 Definitions
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As used in this article: (a) "Commission" means the West Virginia Human Rights Commission; (b) "Dwelling" means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence or sleeping place by one or more persons or famil…
W. Va. Code § 16B-18-3A Volunteer services or materials to build or install basic universal design features; workers, contractors, engineers, and architects; immunity from civil liability
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Any person, including a worker, contractor, engineer or architect, who in good faith provides services or materials, without remuneration, to build or install basic universal design features as set forth in §30-42-10 of this code may not be liable for any civil damages as the res…
W. Va. Code § 16B-18-4 Application of article
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(a) The prohibitions against discrimination in the sale or rental of housing set forth in §16B-18-5 of this code shall apply to all dwellings except as hereinafter exempted. Nothing in section five of this article, other than subsection (b) of this section, shall apply to the ren…
W. Va. Code § 16B-18-5 Discrimination in sale or rental of housing and other prohibited practices
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As made applicable by section four of this article and except as exempted by §16B-18-4 and §16B-18-8 of this code, it is unlawful: (a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailab…
W. Va. Code § 16B-18-6 Discrimination in residential real estate-related transactions
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(a) It is unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction or in the terms or conditions of such a transaction because of race, color,…
W. Va. Code § 16B-18-7 Discrimination in provision of brokerage services
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It is unlawful to deny any person access to or membership or participation in any multiple listing service, real estate broker's organization or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against him or her…
W. Va. Code § 16B-18-8 Religious organization or private club exemption
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(a) Nothing in this article shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental …
W. Va. Code § 16B-18-9 Administration; authority and responsibility; delegation of authority; appointment of administrative law judges; location of conciliation meetings; administrative review; cooperation of the commission and executive departments and agencies to further fair housing purposes; functions of the commission
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The authority and responsibility for administering this article shall be in the West Virginia Human Rights Commission. The commission may delegate any of its functions, duties and powers to employees of the Human Rights Commission, including functions, duties and powers with resp…
W. Va. Code § 16B-19-1 Short title
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This article may be cited as the Pregnant Workers' Fairness Act.
W. Va. Code § 16B-19-2 Nondiscrimination with regard to reasonable accommodations related to pregnancy
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It shall be an unlawful employment practice for a covered entity to: (1) Not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a job applicant or employee, following delivery by the applicant or employee…
W. Va. Code § 16B-19-3 Remedies and enforcement
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(a) The powers, procedures, and remedies provided in §16B-19-11 of this code to the Commission, the Attorney General, or any person, alleging a violation of the West Virginia Human Rights Act shall be the powers, procedures, and remedies this article provides to the Commission, t…
W. Va. Code § 16B-19-4 Rule-making
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Not later than two years after the date of enactment of this article, the Commission shall propose legislative rules in accordance with §29A-3-1 of this code, to carry out this article. Such rules shall identify some reasonable accommodations addressing known limitations related …
W. Va. Code § 16B-19-5 Definitions
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As used in this article: (1) "Attorney General" means the West Virginia Attorney General; (2) "Commission" means the West Virginia Human Rights Commission; (3) "Covered entity" has the meaning given the word employer in §16B-17-3 of this code; (4) "Person" has the meaning given t…
W. Va. Code § 16B-19-6 Reports
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The Commission shall on October 1 of each year report to the Joint Committee on Government and Finance on the number of complaints filed under this article during the previous year and their resolution. The report shall be transmitted to the members of the committee electronicall…
W. Va. Code § 16B-19-7 Relationship to other laws
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Nothing in this article shall be construed to invalidate or limit the remedies, rights, and procedures that provides greater or equal protection for workers affected by pregnancy, childbirth, or related medical conditions.
W. Va. Code § 16B-20-1 Definitions
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For the purpose of this article: "Birthing center" means a type of facility which is a building, house or the equivalent organized to provide facilities and staff to support a birthing service for pregnant clients. "Director" means the director of the Office of Health Facility Li…
W. Va. Code § 16B-20-2 Birthing centers to obtain license, application, fees, suspension, or revocation
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The Inspector General designates the director of the Office of Health Facilities Licensure and Certification to enforce the provisions of this article, except as otherwise stated. No person, partnership, association, or corporation, or any local governmental unit or any division,…
W. Va. Code § 16B-20-3 Inspector General to establish rules and regulations; legislative findings; emergency filing
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The Inspector General shall promulgate rules and regulations not in conflict with any provision of this article, as he or she finds necessary in order to ensure adequate care and accommodations for consumers of birthing centers. In promulgating such regulations the Inspector Gene…
W. Va. Code § 16B-20-4 Insurance
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Not later than July 1, 1983, every policy or contract of individual accident and sickness insurance covered under the provision of §33-15-1 et seq. of this code, or policy or contract of group accident and sickness insurance covered under the provisions of §33-16-1 et seq. of thi…
W. Va. Code § 16B-20-5 Violations; penalties; injunction
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Any person, partnership, association or corporation, and any local governmental unit or any division, department, board, or agency thereof establishing, conducting, managing or operating a birthing center without first obtaining a license therefor as herein provided, or violating…
W. Va. Code § 16B-21-1 Neonatal Abstinence Centers authorized; licensure required
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Neonatal abstinence centers are a distinct type of medical facility, providing unique medical services in the state. Neonatal abstinence centers may provide treatment for infants under one year of age suffering from Neonatal Abstinence Syndrome, including, but not limited to, the…
W. Va. Code § 16B-21-2 Rules; minimum standards for neonatal abstinence centers
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(a) The Inspector General shall promulgate emergency rules pursuant to the provisions of section §29A-3-15 of this code to carry out the purpose of this article. These rules shall include at a minimum: (1) Licensing procedures for neonatal abstinence centers. These procedures sha…
W. Va. Code § 16B-21-3 Certificate of need; exemption from moratorium
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Notwithstanding any other provision of this code, the Health Care Authority shall consider neonatal abstinence services provided in neonatal abstinence care centers as a unique and distinct medical service in conducting a certificate of need review.