HB 5502
Amending the Human Rights Act to allow regulation of traits associated with a person’s race only for nondiscriminatory purposes
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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 to allow the state to regulate traits historically associated with a person’s race, specifically focusing on workplace health and safety. The regulation would be limited to traits like hair texture and protective hairstyles, and it must be demonstrated that the regulation is necessary to protect employee or other person’s health and safety, and applied equally to all affected individuals. The regulation must also be non-discriminatory in nature.
Key provisions
- Defines ‘race’ to include traits historically associated with a person’s race, such as hair texture and protective hairstyles.
- Allows regulation of these traits for workplace health and safety purposes.
- Requires employers to demonstrate the regulation is necessary for health and safety.
- Mandates that the regulation be applied equally to all affected individuals.
- Specifies that the regulation must be non-discriminatory.
- Establishes criteria for demonstrating a connection between the regulation and workplace safety.
- Requires a bona fide occupational qualification defense for the regulation.
- Clarifies that the regulation does not prohibit otherwise valid workplace rules or policies.
Who is affected
- West Virginia employers
- Employees in West Virginia
- The West Virginia Human Rights Commission
- Individuals whose traits are historically associated with their race
Notable changes
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