H. B. 4545
(By Delegates Amores, Rowe, Fleischauer, Trump,
Johnson, Faircloth and Mahan)
(Originating in the Committee on the Judiciary)
[February 24, 1998]
A BILL to amend and reenact sections two, three, four, five, six,
eight, nine, thirteen and sixteen, article eleven, chapter
five of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to further amend said article by
adding thereto a new section, designated section twenty, all
relating to the West Virginia human rights act; establishing
public policy; defining terms; continuing the human rights
commission; providing for appointment and composition of
members; providing for organization and administration of
commission; describing commission's authority and
responsibilities; defining unlawful discriminatory practices;
establishing exclusiveness of remedies and exceptions;
issuance of notice of a right to sue; injunctions of
discriminatory practices; exemption of certain records;
establishing a civil action by attorney general; and providing
for civil and criminal penalties.
Be it enacted by the Legislature of West Virginia:
That sections two, three, four, five, six, eight, nine,
thirteen and sixteen, article eleven, chapter five of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; and that said article be further amended by
adding thereto a new section, designated section twenty, all 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 or handicap. 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,
a
person's disability handicap, or familial status.
The denial of these rights to properly qualified persons by
reason of race, religion, color, national origin, ancestry, sex, age, blindness,
a person's disability handicap, or familial status
is contrary to the principles of freedom and equality of
opportunity and is destructive to a free and democratic society.
§5-11-3. Definitions.
When used in this article:
(a) The term "person" means one or more individuals,
partnerships, associations, organizations, corporations, labor
organizations, cooperatives, legal representatives, trustees,
trustees in bankruptcy, receivers and other organized groups of
persons;
(b) The term "commission" means the West Virginia human rights
commission;
(c) The term "director" means the executive director of the
commission;
(d) The term "employer" means the state, or any political
subdivision thereof, and any person employing twelve or more
persons within the state:
Provided, That such terms shall not be
taken, understood or construed to include a private club;
(e) The term "employee" shall not include any individual
employed by his parents, spouse or child;
(f) The term "labor organization" includes any organization
which exists for the purpose, in whole or in part, for collective
bargaining or for dealing with employers concerning grievances,
terms or conditions of employment or for other mutual aid or protection in relation to employment;
(g) The term "employment agency" includes any person
undertaking with or without compensation to procure, recruit, refer
or place employees. A newspaper engaged in the activity of
advertising in the normal course of its business shall not be
deemed to be an employment agency;
(h) The term "discriminate" or "discrimination" means to
exclude from, or fail or refuse to extend to, a person equal
opportunities because of race, religion, color, national origin,
ancestry, sex, age, blindness,
handicap or disability, or familial
status and includes to separate or segregate;
(i) The term "unlawful discriminatory practices" includes only
those practices specified in section nine of this article;
(j) The term "place of public accommodations" means any
establishment or person, as defined herein, including the state, or
any political or civil subdivision thereof, which offers its
services, goods, facilities or accommodations to the general
public, but shall not include any accommodations which are in their
nature private. To the extent that any penitentiary, correctional
facility, detention center, regional jail or county jail is a place
of public accommodation, the rights, remedies and requirements
provided by this article for any violation of subdivision six,
section nine of this article shall not apply to any person other
than: (1) Any person employed at a penitentiary, correctional facility, detention center, regional jail or county jail; (2) any
person employed by a law-enforcement agency; or (3) any person
visiting any such employee or visiting any person detained in
custody at such facility;
(k) The term "age" means the age of forty or above;
(l) For the purpose of this article, a person shall be
considered to be blind only if his central visual acuity does not
exceed twenty/two hundred in the better eye with correcting lenses,
or if his visual acuity is greater than twenty/two hundred but is
occasioned by a limitation in the fields of vision such that the
widest diameter of the visual field subtends an angle no greater
than twenty degrees; and
(m) The term
"handicap" "disability" means
a person who:
(1)
Has a A mental or physical impairment which substantially
limits one or more of such person's major life activities. The
term "major life activities" includes functions such as caring for
one's self, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning and working;
(2)
Has a A record of such impairment; or
(3)
Is Being regarded as having such an impairment.
For the purposes of this article, this term does not include
persons whose current use of or addiction to alcohol or drugs
prevents such individual from performing the duties of the job in
question or whose employment, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the
safety of others.
§5-11-4.Human rights commission continued; status, powers and
objects.
The West Virginia human rights commission, heretofore created,
is hereby continued. The commission shall have the power and
authority and shall perform the functions and services as in this
article prescribed and as otherwise provided by law. The
commission shall encourage and endeavor to bring about mutual
understanding and respect among all racial, religious and ethnic
groups within the state and shall strive to eliminate all
discrimination in employment and places of public accommodations by
virtue of race, religion, color, national origin, ancestry, sex,
age, blindness
or disability or handicap and shall strive to
eliminate all discrimination in the sale, purchase, lease, rental
or financing of housing and other real property by virtue of race,
religion, color, national origin, ancestry, sex, blindness,
handicap disability, or familial status.
Pursuant to the provisions of article ten, chapter four of
this code, the West Virginia human rights commission shall continue
to exist until the first day of July,
one thousand nine hundred
ninety-eight two thousand.
§5-11-5. Composition; appointment, terms and oath of members;
compensation and expenses.
The commission shall be composed of nine members, all
residents and citizens of the state of West Virginia and broadly
representative of the several racial, religious and ethnic groups
residing within the state, to be appointed by the governor, by and
with the advice and consent of the Senate. Not more than five
members of the commission shall be members of the same political
party and at least one member, but not more than three members,
shall be from any one congressional district.
Members of the commission shall be appointed for terms of
three years commencing on the first day of July of the year of
their appointments, except that the nine members first appointed
hereunder shall be appointed for terms of from one to three years,
respectively, so that the terms of three members of the commission
will expire on the thirtieth day of June of each succeeding year
thereafter. Upon the expiration of the initial terms, all
subsequent appointments shall be for terms of three years each,
except that appointments to fill vacancies shall be for the
unexpired term thereof. Members shall be eligible for
reappointment. Before assuming and performing any duties as a
member of the commission, each commission member shall take and
subscribe to the official oath prescribed by section five, article
four of the constitution of West Virginia, which executed oath
shall be filed in the office of the secretary of state.
The members of the commission shall not receive a salary, but each appointed member shall be paid
twenty-five fifty dollars per
diem for actual time spent in the performance of duties under this
article and shall be reimbursed for actual and necessary expenses
incident to the performance of their duties, upon presentation of
an itemized and sworn statement thereof. The foregoing per diem
and reimbursement for actual and necessary expenses shall be paid
from appropriations made by the Legislature to the commission.
§5-11-6. Commission organization and personnel; executive
director; offices; meetings; quorum; expenses of
personnel.
As soon as practical after the first day of July of each year,
the governor shall call a meeting of the commission to be convened
at the state capitol. The commission shall at such meeting
organize by electing one of its members as chairman of the
commission and one as vice chairman thereof for a term of one year
or until their successors are elected and qualified. At such
meeting the commission shall also elect from its membership such
other officers as may be found necessary and proper for its
effective organization.
The governor shall, by and with the advice and consent of the
Senate, appoint an executive director to serve at his will and
pleasure. The executive director shall serve as secretary of the
commission. The executive director shall have a college degree.
He shall be selected with particular reference to his training, experience and qualifications for the position and shall be paid an
annual salary, payable in monthly installments, from any
appropriations made therefor. The commission, upon recommendation
of the executive director and in accordance with the requirements
of the civil service law, may employ such personnel as may be
necessary for the effective and orderly performance of the
functions and services of the commission. The commission shall
employ
a hearing examiner an administrative law judge who shall be
an attorney, duly licensed to practice law in the state of West
Virginia, for the conduct of the public hearings authorized in
subdivision three, subsection (d), section eight of this article.
The commission shall equip and maintain its offices at the
state capitol and shall hold its annual organizational meeting
there. The commission may hold other meetings during the year at
such times and places within the state as may be found necessary,
and
likewise may maintain one branch office within the state as
determined by the commission to be necessary for the effective and
orderly performance of the functions and services of the
commission. Any five members of the commission shall constitute a
quorum for the transaction of business. Minutes of its meetings
shall be kept by its secretary.
The executive director and other commission personnel shall be
reimbursed for necessary and reasonable travel and subsistence
expenses actually incurred in the performance of commission services upon presentation of properly verified expense accounts as
prescribed by law.
§5-11-8. Commission powers; functions; services.
The commission is hereby authorized and empowered:
(a) To cooperate and work with federal, state and local
government officers, units, activities and agencies in the
promotion and attainment of more harmonious understanding and
greater equality of rights between and among all racial, religious
and ethnic groups in this state;
(b) To enlist the cooperation of racial, religious and ethnic
units, community and civic organizations, industrial and labor
organizations and other identifiable groups of the state in
programs and campaigns devoted to the advancement of tolerance,
understanding and the equal protection of the laws of all groups
and peoples;
(c) To receive, investigate and pass upon complaints alleging
discrimination in employment or places of public accommodations,
because of race, religion, color, national origin, ancestry, sex,
age, blindness or
handicap, disability, and complaints alleging
discrimination in the sale, purchase, lease, rental and financing
of housing accommodations or real property because of race,
religion, color, national origin, ancestry, sex, blindness,
handicap disability or familial status, and to initiate its own
consideration of any situations, circumstances or problems, including therein any racial, religious or ethnic group tensions,
prejudice, disorder or discrimination reported or existing within
the state relating to employment, places of public accommodations,
housing accommodations and real property;
(d) To hold and conduct public and private hearings
, in the
county where the respondent resides or transacts business or where
agreed to by the parties or where the acts complained of occurred,
on complaints, matters and questions before the commission and, in
connection therewith, relating to discrimination in employment
, or
places of public accommodations, housing accommodations or real
property and during the investigation of any formal complaint
before the commission relating to employment, places of public
accommodations, housing accommodations or real property to:
(1) Issue subpoenas and subpoenas duces tecum upon the
approval of the executive director or the chairperson of the
commission; administer oaths; take the testimony of any person
under oath; and make reimbursement for travel and other reasonable
and necessary expenses in connection with such attendance;
(2) Furnish copies of public hearing records to parties
involved therein upon their payment of the reasonable costs thereof
to the commission;
(3) Delegate to
a hearing examiner an administrative law judge
who shall be an attorney, duly licensed to practice law in West
Virginia, the power and authority to hold and conduct hearings, as herein provided, to determine all questions of fact and law
presented during the hearing and to render a final decision on the
merits of the complaint, subject to the review of the commission as
hereinafter set forth.
Any respondent or complainant who shall feel aggrieved at any
final action of
a hearing examiner an administrative law judge
shall file a written notice of appeal with the commission by
serving such notice on the executive director and upon all other
parties within thirty days after receipt of the
hearing examiner's
administrative law judge's decision. The commission shall limit
its review upon such appeals to whether the
hearing examiner's
administrative law judge's decision is:
(A) In conformity with the constitution and the laws of the
state and the United States;
(B) Within the commission's statutory jurisdiction or
authority;
(C) Made in accordance with procedures required by law or
established by appropriate rules
or regulations of the commission;
(D) Supported by substantial evidence on the whole record; or
(E) Not arbitrary, capricious or characterized by abuse of
discretion or clearly unwarranted exercise of discretion.
(4) To enter into conciliation agreements and consent orders.
Each conciliation agreement shall include provisions requiring
the respondent to refrain from the commission of unlawful discriminatory practices in the future and shall contain such
further provisions as may be agreed upon by the commission and the
respondent.
If the respondent and the commission agree upon conciliation
terms, the commission shall serve upon the complainant a copy of
the proposed conciliation agreement. If the complainant agrees to
the terms of the agreement or fails to object to such terms within
fifteen days after its service upon him, the commission shall issue
an order embodying such conciliation agreement. If the complainant
objects to the agreement, he shall serve a specification of his
objections upon the commission within such period. Unless such
objections are met or withdrawn within ten days after service
thereof, the commission shall notice the complaint for hearing.
Notwithstanding any other provisions of this section, the
commission may, where it finds the terms of the conciliation
agreement to be in the public interest, execute such agreement, and
limit the hearing to the objections of the complainant.
If a conciliation agreement is entered into, the commission
shall serve a copy of the order embodying such agreement upon all
parties to the proceeding.
Not later than one year from the date of a conciliation
agreement, the commission shall investigate whether the respondent
is complying with the terms of such agreement. Upon a finding of
noncompliance, the commission shall take appropriate action to assure compliance;
(5) To apply to the circuit court of the county where the
respondent resides or transacts business for enforcement of any
conciliation agreement or consent order by seeking specific
performance of such agreement or consent order;
(6) To issue cease and desist orders against any person found,
after a public hearing, to have violated the provisions of this
article or the rules
and regulations of the commission;
(7) To apply to the circuit court of the county where the
respondent resides or transacts business for an order enforcing any
lawful cease and desist order issued by the commission;
(e) To recommend to the governor and Legislature policies,
procedures, practices and legislation in matters and questions
affecting human rights;
(f) To delegate to its executive director such powers, duties
and functions as may be necessary and expedient in carrying out the
objectives and purposes of this article;
(g) To prepare a written report on its work, functions and
services for each year ending on the thirtieth day of June and to
deliver copies thereof to the governor on or before the first day
of December next thereafter;
(h) To do all other acts and deeds necessary and proper to
carry out and accomplish effectively the objects, functions and
services contemplated by the provisions of this article, including the promulgation of legislative rules in accordance with the
provisions of article three, chapter twenty-nine-a of this code,
implementing the powers and authority hereby vested in the
commission;
(i) To create such advisory agencies and conciliation
councils, local, regional or statewide, as in its judgment will aid
in effectuating the purposes of this article, to study the problems
of discrimination in all or specific fields or instances of
discrimination because of race, religion, color, national origin,
ancestry, sex, age, blindness,
handicap, disability, or familial
status; to foster, through community effort or otherwise, goodwill,
cooperation and conciliation among the groups and elements of the
population of this state, and to make recommendations to the
commission for the development of policies and procedures, and for
programs of formal and informal education, which the commission may
recommend to the appropriate state agency. Such advisory agencies
and conciliation councils shall be composed of representative
citizens serving without pay. The commission may itself make the
studies and perform the acts authorized by this subdivision. It
may, by voluntary conferences with parties in interest, endeavor by
conciliation and persuasion to eliminate discrimination in all the
stated fields and to foster goodwill and cooperation among all
elements of the population of the state;
(j) To accept contributions from any person to assist in the effectuation of the purposes of this section and to seek and enlist
the cooperation of private, charitable, religious, labor, civic and
benevolent organizations for the purposes of this section;
(k) To issue such publications and such results of
investigation and research as in its judgment will tend to promote
goodwill and minimize or eliminate discrimination:
Provided, That
the identity of the parties involved shall not be disclosed.
§5-11-9. Unlawful discriminatory practices.
It shall be an unlawful discriminatory practice, unless based
upon a bona fide occupational qualification, or except where based
upon applicable security regulations established by the United
States or the state of West Virginia or its agencies or political
subdivisions:
(1) For any employer to discriminate against an individual
with respect to compensation, hire, tenure, terms, conditions or
privileges of employment if the individual is able and competent to
perform the services required even if such individual is blind or
handicapped disabled:
Provided, That it shall not be
an unlawful
discriminatory practice for an employer to observe the provisions
of any bona fide pension, retirement, group or employee insurance
or welfare benefit plan or system not adopted as a subterfuge to
evade the provisions of this subdivision;
(2) For any employer, employment agency or labor organization,
prior to the employment or admission to membership, to: (A) Elicit any information or make or keep a record of or use any form of
application or application blank containing questions or entries
concerning the race, religion, color, national origin, ancestry,
sex or age of any applicant for employment or membership; (B) print
or publish or cause to be printed or published any notice or
advertisement relating to employment or membership indicating any
preference, limitation, specifications or discrimination based upon
race, religion, color, national origin, ancestry, sex
, disability,
or age; or (C) deny or limit, through a quota system, employment or
membership because of race, religion, color, national origin,
ancestry, sex, age, blindness or
handicap disability;
(3) For any labor organization because of race, religion,
color, national origin, ancestry, sex, age, blindness or
handicap
disability of any individual to deny full and equal membership
rights to any individual or otherwise to discriminate against such
individual with respect to hire, tenure, terms, conditions or
privileges of employment or any other matter, directly or
indirectly, related to employment;
(4) For an employer, labor organization, employment agency or
any joint labor-management committee controlling apprentice
training programs to:
(A) Select individuals for an apprentice training program
registered with the state of West Virginia on any basis other than
their qualifications as determined by objective criteria which permit review;
(B) Discriminate against any individual with respect to his
or
her right to be admitted to or participate in a guidance program,
an apprenticeship training program, on-the-job training program or
other occupational training or retraining program;
(C) Discriminate against any individual in his
or her pursuit
of such programs or to discriminate against such a person in the
terms, conditions or privileges of such programs;
(D) Print or circulate or cause to be printed or circulated
any statement, advertisement or publication, or to use any form of
application for
such these programs or to make any inquiry in
connection with
such a program which expresses, directly or
indirectly, discrimination or any intent to discriminate unless
based upon a bona fide occupational qualification;
(5) For any employment agency to fail or refuse to classify
properly, refer for employment or otherwise to discriminate against
any individual because of his race, religion, color, national
origin, ancestry, sex, age, blindness or
handicap disability;
(6) For any person being the owner, lessee, proprietor,
manager, superintendent, agent or employee of any place of public
accommodations to:
(A) Refuse, withhold from or deny to any individual because of
his race, religion, color, national origin, ancestry, sex, age,
blindness or
handicap disability, either directly or indirectly, any of the accommodations, advantages, facilities, privileges or
services of
such the place of public accommodations;
(B) Publish, circulate, issue, display, post or mail, either
directly or indirectly, any written or printed communication,
notice or advertisement to the effect that any of the
accommodations, advantages, facilities, privileges or services of
any such place shall be refused, withheld from or denied to any
individual on account of race, religion, color, national origin,
ancestry, sex, age, blindness or
handicap disability, or that the
patronage or custom thereat of any individual, belonging to or
purporting to be of any particular race, religion, color, national
origin, ancestry, sex or age, or who is blind or
handicapped
disabled, is unwelcome, objectionable, not acceptable, undesired or
not solicited; or
(7) For any person, employer, employment agency, labor
organization, owner, real estate broker, real estate salesman or
financial institution to:
(A) Engage in any form of threats or reprisal, or to engage
in, or hire, or conspire with others to commit acts or activities
of any nature, the purpose of which is to harass, degrade,
embarrass or cause physical harm or economic loss or to aid, abet,
incite, compel or coerce any person to engage in any of the
unlawful discriminatory practices defined in this section;
(B) Willfully obstruct or prevent any person from complying with the provisions of this article, or to resist, prevent, impede
or interfere with the commission or any of its members or
representatives in the performance of duty under this article; or
(C) Engage in any form of reprisal or otherwise discriminate
against any person because he
or she has opposed any practices or
acts forbidden under this article or because he
or she has filed a
complaint, testified or assisted in any proceeding under this
article.
§5-11-13. Exclusiveness of remedy; exceptions.
(a) Except as provided in subsection (b), nothing contained in
this article shall be deemed to repeal or supersede any of the
provisions of any existing or hereafter adopted municipal
ordinance, municipal charter or of any law of this state relating
to discrimination because of race, religion, color, national
origin, ancestry, sex, age, blindness or
handicap disability, but
as to acts declared unlawful by section nine of this article the
procedure herein provided shall, when invoked, be exclusive and the
final determination therein shall exclude any other action, civil
or criminal, based on the same grievance of the complainant
concerned. If such complainant institutes any action based on
such grievance without resorting to the procedure provided in this
article, he
or she may not subsequently resort to the procedure
herein. In the event of a conflict between the interpretation of
a provision of this article and the interpretation of a similar provision contained in any municipal ordinance authorized by
charter, the interpretation of the provision in this article shall
apply to such municipal ordinance.
(b) Notwithstanding the provisions of subsection (a) of this
section, a complainant may institute an action against a respondent
in the county wherein the respondent resides or transacts business
at any time within ninety days after the complainant is given
notice of a right to sue pursuant to this subsection (b) or, if the
statute of limitations on the claim has not expired at the end of
such ninety-day period, then at any time during which such statute
of limitations has not expired. If a suit is filed under this
section the proceedings pending before the commission shall be
deemed concluded.
The commission shall give a complainant who has filed a
complaint a notice of a right to sue
forthwith upon (1) the
dismissal of the complaint
within one hundred eighty days of the
filing thereof for any reason other than
an adjudication of a
decision on the merits of the case, or (2)
the expiration of a
period of one hundred eighty days during which period no public
hearing has been held on such complaint and the commission and the
respondent have not entered into a conciliation agreement to which
the complainant is a party the request of a complainant at any time
after the timely filing of the complaint in any case which:
Provided, That the commission shall also give the complainant notice of a right to sue in any case in which, after the expiration
of one year, the complaint has not been determined on its merits or
has not resulted in a conciliation agreement
entered into to which
the complainant is a party.
Upon the issuance of a right to sue
letter pursuant to (1) or (2), the Commission may dismiss the
complaint.
Notice of right to sue shall be given immediately upon
complainant being entitled thereto, by personal service or
certified mail, return receipt requested, which notice shall inform
the complainant in plain terms of his right to institute a civil
action as provided in this section within ninety days of the giving
of such notice. Service of the notice shall be complete upon
mailing.
(c) In any action filed under this section, if the court finds
that the respondent has engaged in or is engaging in an unlawful
discriminatory practice charged in the complaint, the court shall
enjoin the respondent from engaging in such unlawful discriminatory
practice and order affirmative action which may include, but is not
limited to, reinstatement or hiring of employees, granting of back
pay or any other legal or equitable relief as the court deems
appropriate. In actions brought under this section, the court in
its discretion may award all or a portion of the costs of
litigation, including reasonable attorney fees and witness fees, to
the complainant.
(d) The provisions of this section shall be available to all
complainants whose active cases are pending before the human rights
commission as well as those complainants who file after the
effective date of this section.
§5-11-16. Certain records exempt.
Notwithstanding any other provisions of this article, it shall
not be an unlawful discriminatory practice for the bureau of
employment programs to ascertain and record the age, sex, race,
religion, color, national origin, ancestry, blindness or
handicap
disability of any individual for the purpose of making such reports
as may from time to time be required by agencies of the federal
government or be necessary to show compliance with any rule or
regulation issued by any such agency. Said records may be made and
kept in the manner required by the federal government:
Provided,
That such recording of the age, sex, race, religion, color,
national origin, ancestry, blindness or
handicap disability of any
individual shall not be used to discriminate, within the meaning of
this article, directly or indirectly, against any such individual
as prohibited by all other sections of this article.
§5-11-20. Violations of human rights; civil action by attorney
general
(a) A person has the right to engage in lawful activities
without being subject to actual or threatened:
(1) Physical force or violence against him or her or any other person, or
(2) Damage to, destruction of or trespass on property,
which is motivated by race, color, religion, sex, ancestry,
national origin, political affiliation or disability.
(b) Whenever any person, whether or not acting under the color
of law, intentionally interferes or attempts to interfere with
another person's exercise or enjoyment of rights secured by this
article or article five-a of this chapter, by actual or threatened
physical force or violence against that person or any other person,
or by actual or threatened damage to, destruction of or trespass on
property, the attorney general may bring a civil action:
(1) For injunctive or other appropriate equitable relief in
order to protect the peaceable exercise or enjoyment of the
rights secured, or
(2) For civil penalties as specified in subsection (c) of this
section, or
(3) For both equitable relief and civil penalties.
This action must be brought in the name of the state and instituted
in the circuit court for the county where the alleged violator
resides or has a principal place of business or where the alleged
violation occurred.
(c) A civil penalty of not more than five thousand dollars per
violation may be assessed against any person violating this
section.
(d) Each preliminary, temporary, or permanent injunction
issued under this section must include a statement describing the
penalties to be imposed for a knowing violation of the order or
injunction as provided in subsection (e) of this section. The
clerk of the circuit court shall transmit one certified copy of
each order or injunction issued under this section to the
appropriate law enforcement agency or agencies having authority
over locations where the defendant was alleged to have committed
the act giving rise to the action, and service of the order or
injunction must be accomplished pursuant to the West Virginia rules
of civil procedure.
(e) A person who knowingly violates a preliminary, temporary
or permanent injunction issued under this section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than five thousand dollars, or imprisoned in the county or regional
jail not more than one year, or both fined and imprisoned.
NOTE: The purpose of this bill is to change the term
"handicap" to "disability" to conform with the terminology used in
the Americans With Disabilities Act; change the language regarding
a private right of action to conform to the language used in Title
VII of the Civil Rights Act of 1964 as amended; change the term
"hearing examiner" to "administrative law judge" per the
reclassification of the position by the Division of Personnel; and
to provide for injunctions and civil penalties against violent
discriminatory conduct.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§5-11-20 is new; therefore, strike-throughs and underscoring have been omitted.