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Chapter 5     Entire Code


ARTICLE 1. THE GOVERNOR.

ARTICLE 1A. ITEMIZATION OF PROPOSED APPROPRIATIONS IN BUDGET BILL SUBMITTED BY GOVERNOR TO LEGISLATURE.

ARTICLE 1B. CHIEF TECHNOLOGY OFFICER.

ARTICLE 1C. SCIENCE AND TECHNOLOGY COUNCIL.

ARTICLE 1D. GOVERNOR\'S OFFICE OF FISCAL RISK ANALYSIS AND MANAGEMENT.

ARTICLE 1E. HEALTHY WEST VIRGINIA PROGRAM.

ARTICLE 2. SECRETARY OF STATE.

ARTICLE 3. ATTORNEY GENERAL.

ARTICLE 4. BOARD OF PUBLIC WORKS.

ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.

ARTICLE 6. STATE BUILDINGS.

ARTICLE 7. SOCIAL SECURITY AGENCY.

ARTICLE 8. PUBLIC RECORDS MANAGEMENT AND PRESERVATION ACT.

ARTICLE 9. DEPARTMENT OF COMMERCE.

ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.

ARTICLE 10A. DISQUALIFICATION FOR PUBLIC RETIREMENT PLAN BENEFITS.

ARTICLE 10B. GOVERNMENT EMPLOYEES DEFERRED COMPENSATION PLANS.

ARTICLE 10C. GOVERNMENT EMPLOYEES RETIREMENT PLANS.

ARTICLE 10D. CONSOLIDATED PUBLIC RETIREMENT BOARD.

ARTICLE 11. HUMAN RIGHTS COMMISSION.

ARTICLE 11A. WEST VIRGINIA FAIR HOUSING ACT.

ARTICLE 12. WEST VIRGINIA ANTIQUITIES COMMISSION.

ARTICLE 13. PUBLIC EMPLOYEES\' AND TEACHERS\' RECIPROCAL SERVICE CREDIT ACT.

ARTICLE 14. WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD-OF-HEARING.

ARTICLE 14A. WEST VIRGINIA INTERPRETER FOR THE DEAF ACT.

ARTICLE 15. WHITE CANE LAW.

ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.

ARTICLE 16A. THE WEST VIRGINIA HEALTH CARE INSURANCE ACT.

ARTICLE 16B. WEST VIRGINIA CHILDREN\'S HEALTH INSURANCE PROGRAM.

ARTICLE 16C. PRESCRIPTION DRUG COST MANAGEMENT ACT.

ARTICLE 16D. WEST VIRGINIA RETIREMENT HEALTH BENEFIT TRUST FUND.

ARTICLE 17. WEST VIRGINIA COMMISSION ON ENERGY, ECONOMY AND ENVIRONMENT.

ARTICLE 18. WEST VIRGINIA CABLE TELEVISION SYSTEMS ACT.

ARTICLE 18A. TENANTS\' RIGHTS TO CABLE SERVICES.

ARTICLE 19. DOMESTIC ALUMINUM, GLASS AND STEEL IN PUBLIC WORKS PROJECTS.

ARTICLE 20. THE GOVERNOR\'S COMMISSION ON WILLOW ISLAND.

ARTICLE 21. ENERGY COST REDUCTION GUIDELINES.

ARTICLE 22. GOVERNMENT CONSTRUCTION CONTRACTS.

ARTICLE 22A. DESIGN-BUILD PROCUREMENT ACT.

ARTICLE 23. COMMISSION ON MASS TRANSPORTATION.

ARTICLE 24. WEST VIRGINIA FOREST MANAGEMENT REVIEW COMMISSION.

ARTICLE 25. RESIDENT TRUSTEE ACCOUNTS.

ARTICLE 26. HERBERT HENDERSON OFFICE ON MINORITY AFFAIRS.

ARTICLE 26A. WEST VIRGINIA COMMISSION FOR NATIONAL AND COMMUNITY SERVICE.

ARTICLE 27. SEVERABILITY.

ARTICLE 28. COMMISSION ON HOLOCAUST EDUCATION.

ARTICLE 29. EXPEDITIOUS ISSUANCE OF LICENSES BY REGULATORY AGENCIES.

ARTICLE 11B. PREGNANT WORKERS\' FAIRNESS ACT.

§5-11B-1. Short title.

This article may be cited as the Pregnant Workers' Fairness Act.

§5-11B-2. Nondiscrimination with regard to reasonable accommodations related to pregnancy.

It shall be an unlawful employment practice for a covered entity to:

(1) Not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a job applicant or employee, following delivery by the applicant or employee of written documentation from the applicant's or employee's health care provider that specifies the applicant's or employee's limitations and suggesting what accommodations would address those limitations, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity;

(2) Deny employment opportunities to a job applicant or employee, if such denial is based on the refusal of the covered entity to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of an employee or applicant;

(3) Require a job applicant or employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation that such applicant or employee chooses not to accept; or

(4) Require an employee to take leave under any leave law or policy of the covered entity if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of an employee.

§5-11B-3. Remedies and enforcement.

(a) The powers, procedures, and remedies provided in article eleven of this chapter to the Commission, the Attorney General, or any person, alleging a violation of the West Virginia Human Rights Act shall be the powers, procedures, and remedies this article provides to the Commission, the Attorney General, or any person, respectively, alleging an unlawful employment practice in violation of this article against an employee or job applicant.

(b) No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this article or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this article. The remedies and procedures otherwise provided for under this section shall be available to aggrieved individuals with respect to violations of this subsection.

§5-11B-4. Rule-making.

Not later than two years after the date of enactment of this article, the Commission shall propose legislative rules in accordance with article three, chapter twenty-nine-a of this code, to carry out this article. Such rules shall identify some reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions that shall be provided to a job applicant or employee affected by such known limitations unless the covered entity can demonstrate that doing so would impose an undue hardship.

§5-11B-5. Definitions.

As used in this article:

(1) "Attorney General" means the West Virginia Attorney General;

(2) "Commission" means the West Virginia Human Rights Commission;

(3) "Covered entity" has the meaning given the word employer in section three, article eleven of this chapter;

(4) "Person" has the meaning given the word in section three, article eleven of this chapter; and

(5) "Reasonable accommodation" and "undue hardship" have the meanings given those terms in section 101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111) and shall be construed as such terms have been construed under such Act and as set forth in the rules required by this article.

§5-11B-6. Relationship to other laws.

Nothing in this article shall be construed to invalidate or limit the remedies, rights, and procedures that provides greater or equal protection for workers affected by pregnancy, childbirth, or related medical conditions.

§5-11b-7. Reports.

The Commission shall annually on October 1 of each year report to the Joint Committee on Government and Finance on the number of complaints filed under this article during the previous year and their resolution.

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