West Virginia Code § 5-32-5

Safety and privacy in domestic violence shelters
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(a) To ensure the privacy and safety of women in domestic violence shelters, each such
shelter shall:
(1) Designate sleeping quarters and multiple occupancy restrooms or changing rooms:
(A) For the exclusive use of females; or
(B) For the exclusive use of males; and
(2) Provide a reasonable accommodation to an individual who is unwilling or unable to use
sleeping quarters or a multiple occupancy restroom or changing room designated for such
individual's sex.
(A) A reasonable accommodation under this paragraph may include, but shall not necessarily
be limited to, allowing such individual to access a single-occupancy sleeping area, restroom,
or changing area.
(B) A reasonable accommodation under this paragraph shall not include allowing such
individual to access a single-occupancy sleeping area or sleeping quarters, restroom, or
changing area that is designated for use by members of the opposite sex while members of
the opposite sex of the individual are present or may be present in the single-occupancy
sleeping area or sleeping quarters, restroom, or changing area.
(b) This section shall noLt be construed or applied to prohibit an individual from entering a
multiple occupancy restroom or changing room or sleeping quarters designated for the
opposite sex when he or she enters such area for one of the following reasons:
(1) For authorized custodial, maintenance, or inspection purposes;
(2) WTo render medical assistance;
(3) To render assistance by law enforcement;
(4) To provide services or render aid during a natural disaster, a declared emergency, or
when necessary to prevent a serious threat to good order or safety; or
(5) For young children, to accompany an adult caretaker.
(c) Nothing in this section shall be construed to prohibit a domestic violence shelter from
adopting policies necessary to accommodate persons protected under the Americans with
Disabilities Act of 1990, 42 U.S.C. §12101 et seq., as amended.

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