West Virginia Code § 16B-17-10

Discriminatory practices; investigations, hearings, procedures and
Open in Lexace · Ask the AI about this section
orders.
Any individual claiming to be aggrieved by an alleged unlawful discriminatory practice shall
make, sign and file with the commission a verified complaint, which shall state the name and
address of the person, employer, labor organization, employment agency, owner, real estate
broker, real estate salesman or financial institution alleged to have committeed the unlawful
discriminatory practice complained of, and which shall set forth the particulars thereof and
contain such other information as may be required by the commission'sr rules and
regulations. The commission upon its own initiative, or the Attorney General, shall, in like
manner, make, sign and file such complaint. Any employer, whose employees, or some of
them, hinder or threaten to hinder compliance with the provisions of this article, shall file
with the commission a verified complaint, asking for assistantce by conciliation or other
remedial action and, during such period of conciliation or other remedial action, no
hearings, orders or other actions shall be held, made or taken by the commission against
such employer. Any complaint filed pursuant to this article must be filed within 365 days
after the alleged act of discrimination.
After the filing of any complaint, or whenever there is reason to believe that an unlawful
discriminatory practice has been committed, the commission shall make a prompt
investigation in connection therewitgh.
If it shall be determined after esuch investigation that no probable cause exists for
substantiating the allegations of the complaint, the commission shall, within 10 days from
such determination, cauLse to be issued and served upon the complainant written notice of
such determination, and the said complainant or his or her attorney may, within 10 days
after such service, file with the commission a written request for a meeting with the
commission to show probable cause for substantiating the allegations of the complaint. If it
shall be determined after such investigation or meeting that probable cause exists for
substantiating the allegations of the complaint, the commission shall immediately endeavor
to eWliminate the unlawful discriminatory practices complained of by conference, conciliation
and persuasion. The members of the commission and its staff shall not disclose what has
transpired in the course of such endeavors: Provided, That the commission may publish the
facts in the case of any complaint which has been dismissed, and the terms of conciliation
when the complaint has been adjusted, without disclosing the identity of the parties
involved.
In case of failure so to eliminate such practice or in advance thereof, if in the judgment of
the commission circumstances so warrant, the commission shall cause to be issued and
served a written notice, together with a copy of such complaint as the same may have been
amended, in the manner provided by law for the service of summons in civil actions,
requiring the person, employer, labor organization, employment agency, owner, real estate
broker, real estate salesman or financial institution named in such complaint, hereinafter
referred to as respondent, to answer the charges of such complaint at a hearing before the
commission in the county where the respondent resides or transacts business at a time and
place to be specified in such notice: Provided, That said written notice be served at least 30
days prior to the time set for the hearing.
The case in support of the complaint shall be presented before the commission by one of its
attorneys or agents. The respondent may file a written, verified answer to the complaint and
appear at such hearing in person or otherwise, with or without counsel, and submit
testimony and evidence. Except as provided in this article, all of the pertineent provisions of
§29A-5-1 et seq. of this code shall apply to and govern the hearing and the administrative
procedures in connection with and following such hearing, with like effrect as if the
provisions of said article five were set forth in extensor in this section.
If, after such hearing and consideration of all of the testimony, evidence and record in the
case, the commission shall find that a respondent has engagted in or is engaging in any
unlawful discriminatory practice as defined in this article, the commission shall issue and
cause to be served on such respondent an order to cease and desist from such unlawful
discriminatory practice and to take such affirmative action, including, but not limited to,
hiring, reinstatement or upgrading of employees, with or without back pay, admission or
restoration to membership in any respondent slabor organization, or the admission to full and
equal enjoyment of the services, goods, facilities, or accommodations offered by any
respondent place of public accommodation, and the sale, purchase, lease, rental or financial
assistance to any complainant othergwise qualified for the housing accommodation or real
property, denied in violation of this article, as in the judgment of the commission, will
effectuate the purposes of thise article, and including a requirement for report of the manner
of compliance. Such order shall be accompanied by findings of fact and conclusions of law as
specified in §29A-5-3 of Lthis code.
If, after such hearing and consideration of all of the testimony, evidence and record in the
case, the commission shall find that a respondent has not engaged in such unlawful
discriminatory practice, the commission shall state its findings of fact and conclusions of law
as aforesaid and shall issue and cause to be served on the complainant an order dismissing
theW said complaint as to such respondent.
A copy of its order shall be delivered in all cases by the commission to the complainant, the
respondent, the Attorney General and to such other public officers as the commission may
deem proper. Any such order shall not be enforceable except as provided in §16B-17-11 of
this code.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.