Senate Bill No. 610
(By Senators Facemyer, Smith, Boley, Bowman, Fanning, Plymale,
Ross, Prezioso, Weeks, Sharpe, Love, Caldwell and Hunter)
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[Introduced February 23, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §5-11-2 of the code of West Virginia,
1931, as amended, relating to classifications of protected
persons.
Be it enacted by the Legislature of West Virginia:
That §5-11-2 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11. HUMAN RIGHTS COMMISSION.
§5-11-2. Declaration of policy.
It is the public policy of the state of West Virginia to
provide all of its citizens equal opportunity for employment, equal
access to places of public accommodations, and equal opportunity in
the sale, purchase, lease, rental and financing of housing
accommodations or real property. Equal opportunity in the areas of
employment and public accommodations is hereby declared to be a
human right or civil right of all persons without regard to race,
religion, color, national origin, ancestry, sex, age, blindness or disability. Equal opportunity in housing accommodations or real
property is hereby declared to be a human right or civil right of
all persons without regard to race, religion, color, national
origin, ancestry, sex, blindness, disability or familial status.
The denial of these rights to properly qualified persons by
reason of race, religion, color, national origin, ancestry, sex,
age, blindness, disability or familial status is contrary to the
principles of freedom and equality of opportunity and is
destructive to a free and democratic society.
Notwithstanding any provision of this code to the contrary,
the classifications of persons or groups enumerated in this article
to be protected against discrimination shall be exclusive of all
others and no other persons or groups shall be added thereto by any
agency or political subdivision of this state by promulgating,
enacting, adopting or administering any ordinance, statute,
regulation or rule. Nothing herein may be construed to deny or
abridge the rights of any person or group of persons under the
generally applicable ordinances, statutes, regulations, rules or
constitution of this state, or the constitution of the United
States of America.
NOTE: The purpose of this bill is to limit the groups that
are protected under state law to those groups specifically
enumerated in the Human Rights Act.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.