HB 5251
Adding “sexual orientation” and “gender identity” to the categories covered by the Human Rights Act and WV Fair Housing Act
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill amends West Virginia’s Human Rights Act and Fair Housing Act to explicitly prohibit discrimination based on ‘sexual orientation’ and ‘gender identity’ in employment and housing. It expands the categories of protected characteristics to include these identities, aligning West Virginia law with broader federal protections. The bill also defines ‘sexual orientation’ and ‘gender identity’ for clarity within the legal framework.
Key provisions
- Adds ‘sexual orientation’ and ‘gender identity’ as protected categories under the Human Rights Act and Fair Housing Act.
- Defines ‘sexual orientation’ as heterosexuality, bisexuality, homosexuality, or gender identity or expression.
- Defines ‘gender identity’ as an individual’s gender-related identity, expression, appearance, or characteristics, regardless of assigned sex at birth.
- Expands the definition of ‘disability’ to include being regarded as having such an impairment.
- Includes ‘age’ (40 or older) as a protected characteristic under the Fair Housing Act.
- Clarifies the scope of ‘place of public accommodations’ and excludes certain facilities like prisons.
- Addresses reasonable accommodations for assistance animals in residential settings.
Who is affected
- Individuals
- Employers
- Housing providers
- Landlords
- Tenants
Notable changes
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