HB 5011
Allow removal of complaints from HRC to Circuit Court
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill allows individuals who have filed complaints with the West Virginia Human Rights Commission to remove those complaints to a circuit court. If a complainant believes the commission isn't adequately addressing their concerns, they can request a transfer to a circuit court for a civil action. This change would provide an additional avenue for resolving discrimination claims, potentially offering a faster or more familiar legal process for those involved.
Key provisions
- Individuals can request removal of their Human Rights Commission complaint to a circuit court.
- The election to pursue a civil action in circuit court must be made within 20 days of receiving notice from the commission.
- The Attorney General will initiate a civil action in the circuit court where the discrimination occurred.
- Any aggrieved person can intervene in the circuit court case.
- The circuit court can grant any relief available in a civil action under the Human Rights Commission’s statute.
- Venue for the civil action is in the circuit court of the county where the discrimination occurred.
- The bill amends the Code of West Virginia to specifically address this removal process.
- The process must be initiated within 365 days of the alleged discriminatory act.
Who is affected
- Individuals alleging discrimination
- Employers
- Labor organizations
- The Human Rights Commission
- Circuit Court judges
Notable changes
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