Are sexual orientation and gender identity protected by employment law?

In West Virginia, sexual orientation and gender identity are not explicitly protected by employment law at the state level. However, there is some hope that this may change in the future. The West Virginia Legislature is currently considering the West Virginia Fairness Act, which would prohibit employers from discriminating on the basis of sexual orientation and gender identity. In the absence of explicit protection for sexual orientation and gender identity, individuals in West Virginia can still seek protection on the basis of other categories, such as race, religion, sex, age, and disability. In addition, the US Supreme Court recently held in Bostock v. Clayton County that discrimination based on sexual orientation and gender identity is prohibited as a form of unlawful sex discrimination under Title VII of the Civil Rights Act of 1964. Though it is currently unclear whether the West Virginia Fairness Act will become law, it is clear that individuals in West Virginia have access to potential legal protection if they believe they are facing discrimination based on sexual orientation or gender identity. Employers should also be aware that discrimination based on sexual orientation or gender identity is against the law in West Virginia and could expose them to legal action.

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Are sexual orientation and gender identity protected by employment law?

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