Labor & Employment (Employment Discrimination)

HB 5140 amends West Virginia's anti-discrimination law to expand protections for workers. It lowers the minimum employee threshold for employer coverage from 12 to 2 workers, meaning smaller businesses now fall under the law, and explicitly includes independent contractors as "employees" for discrimination claims. The bill also extends the deadline to file a discrimination complaint with the Human Rights Commission from one year to three years. These changes directly affect more small businesses and independent contractors by broadening legal protections against workplace discrimination based on protected characteristics like race, gender, or disability.

HB 5539 would allow West Virginia employers (both public and private) to give hiring preference to unemployed coal miners who meet specific criteria. To qualify, a miner must have worked in coal mining for at least five years, been unemployed as a coal miner for over one year, not be retired, and not have been fired for cause (like safety violations). Employers could prioritize these miners only if they meet all job-specific knowledge, skills, and eligibility requirements. The bill aims to support coal miners displaced by industry changes by creating a legal pathway for targeted hiring. This is a proposed policy change, not yet enacted.

HB 5116, the Katherine Johnson and Dorothy Vaughan Fair Pay Act, requires West Virginia employers to provide job applicants with the range of wages, benefits, and compensation for a position upon request. It prohibits employers from retaliating against applicants who decline to share past salary history or request pay ranges, and bans inquiries about prior wages without specific compliance steps. The bill also protects current employees' rights to discuss, disclose, or share their own wages with coworkers, while forbidding employers from restricting these discussions or taking adverse action for exercising these rights. Violations could lead to legal remedies including damages and attorney fees.