(A) It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification:
(1) For any employer to discriminate against an individual with respect to compensation, hire, tenure, terms, conditions or privileges of employment on the basis of race, religion, color, national origin, ancestry, sex, age, or disability. Provided, that it shall not be 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 division.
(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, age, or disability of any applicant for employment or membership, except for such forms which shall be kept separate from the application blanks for the administration of any bona fide affirmation action plan that is in accordance with state and federal laws and regulations;
(b) Print or publish or cause to be printed or published any notice or advertisement relating to employment or membership indicating any preference, limitation, specification or discrimination based upon race, religion, color, national origin, ancestry, sex, age, or disability; or
(c) Deny or limit, through a quota system, employment or membership because of race, religion, color, national origin, ancestry, sex, age, or disability.
(3) For any labor organization because of race, religion, color, national origin, ancestry, sex, age, or disability of any individual to deny full and equal membership rights to any individual or otherwise to discriminate against such individuals 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 on any basis other than their qualifications as determined by objective criteria which permit review;
(b) Discriminate against any individual with respect to his 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 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 programs; or to make any inquiry in connection with such 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 fall 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, or 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, or disability, either directly or indirectly, any of the accommodations, advantages, facilities, privileges or services of such 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 such place shall be refused, withheld from or denied to any individual on account of race, religion, color, national origin, ancestry, sex, age, or 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 disabled is unwelcome, objectionable, not acceptable, undesired or not solicited.
(7) For the owner, lessee, sublessee, assignee or managing agent of, or other person having the right of ownership or possession of or the right to sell, rent, leases, assign, or sublease, any housing accommodations or real property or part or portion thereof, or any agent, or employee of any of them, or for any real estate broker, real estate salesman, or employee or agent thereof:
(a) To refuse to sell, rent, lease, assign or sublease, or otherwise to deny to or withhold from any person or group of persons any housing accommodations or real property, or part or portion thereof, because of race, religion, color, national origin, ancestry, sex, age, disability, or familial status of such person or group of persons.
(b) To discriminate against any person or group of persons because of the race, religion, color, national origin, ancestry, sex, age, disability, or familial status of such person or group of persons in the term, conditions or privileges of the sale, rental or lease of any housing accommodations or real property, or part or portion thereof, or in the furnishing of facilities or services in connection therewith.
(c) To print, publish, circulate, issue, display, post or mail, or cause to be printed, published, circulated, issued, displayed, posted or mailed, any statement, advertisement, publication or sign, or to use any form of application for the purchase, rental, lease, assignment or sublease of any housing accommodations or real property, or part or portion thereof, or to make any record or inquiry in connection with the prospective purchase, rental, lease assignment or sublease of any housing accommodation or real property or part or portion thereof, which expresses, directly or indirectly, any discrimination as to race, religion, color, national origin, ancestry, sex, age, disability, or familial status or any intent to make any such discrimination; and the production of any statement, advertisement, publicity, sign, form or application, record or inquiry purporting to be made by any such person shall be prima facie evidence in any action that the same was authorized by such person.
(8) For any person or financial institution or lender to whom application is made for financial assistance for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any accommodations or real property, or part or portion thereof, or any agent or employee thereof to:
(a) Discriminate against any person or group of persons because of race, religion, color, national origin, ancestry, sex, age, disability or familial status of such person or group of persons or of the prospective occupants or tenants of such housing accommodations or real property, or part or portion thereof, in the granting, withholding, extending, modifying or renewing, or in the fixing of the rates, terms, conditions or extension of services in connection therewith.
(b) Use any form of application for such financial assistance or to make any record or inquiry in connection with applications for such financial assistance which expresses, directly or indirectly, any discrimination as to race, religion, color, national origin, ancestry, sex, age, disability, or familial status, or any intent to make any such discrimination.
(9) 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.
(c) Engage in any form of reprisal or otherwise discriminate against any person who has opposed any practices or acts forbidden under this article or because he has filed a complaint, testified or assisted in any proceeding under this article.
(d) 1. For profit, to induce or attempt to induce any person to sell or rent or not to sell or rent any housing accommodations or real property by representations regarding the entry or prospective entry into the neighborhood of a person or persons who are disabled or who are of a particular race, religion, color, national origin, sex, age or ancestry or a person or persons against whom discrimination on the basis of familial status is prohibited by this article. Provided, that for the purpose of this article it shall not be an unlawful discriminatory practice for any person, employer or owner to refuse to make any unreasonable capital expenditures to accommodate the physical or mental impairment of any disabled person.
2. Unreasonable capital expenditure shall be determined and defined on a case by case basis by a five member independent body to be comprised as follows: two members of the Human Rights Commission (appointed by the Commission); two members of Council (appointed by Council); and the fifth member to be selected by the four members heretofore designated. Four of the members of such independent fact-finding body shall constitute a quorum. No findings of fact rendered by such body shall be official unless made by a majority of all members of the body. No compensation shall be paid to the members of such body for their services. Findings of fact and conclusions of law shall be made in writing within 10 days of any hearing and mailed to the complainant and respondent by certified mail. Such findings of fact and conclusions of law shall be appealable by a writ of certiorari to the Circuit Court of Hancock County in the same manner as an order of the Human Rights Commission within 30 days after the date of such decision.
(B) Solely for purposes of familial status, nothing in subdivision (7) of division (A) (other than division (C) of this section) shall apply to:
(1) (a) Any single-family house sold or rented by an owner; provided, that such private individual owner does not own more than three such single-family houses at any one time; provided, however, that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to the sale, the exemption granted by this division shall apply only with respect to one such sale within any 24 month period; provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental or, more than three such single-family houses at any one time; and provided further, that the sale or rental of any such single-family house shall be excepted from the application of this article only if such house is sold or rented:
1. Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person; and
2. Without the publication, position or mailing, after notice of any advertisement or written notice in violation of subdivision (7)(c) of division (A) of this section.
(b) Nothing in this provision shall prohibit the use of attorney, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or
(2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
(C) For the purpose of division (B) of this section, a person shall be deemed to be in the business of selling or renting dwellings if:
(1) He has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
(2) He has, within the preceding 12 months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sale or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or
(3) He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
(D) (1) Nothing in this article limits the applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this article regarding familial status apply with respect to housing for older persons.
(2) As used in this section,
HOUSING FOR OLDER PERSONS means housing:
(a) Provided under any state or federal program that is specifically designed and operated to assist elderly persons (as defined in the state or federal program);
(b) Intended for, and solely occupied by, persons 62 years of age or older;
(c) Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as
HOUSING FOR OLDER PERSONS under this subdivision, the Commission shall develop regulations which require at least the following factors:
1. The existence of significant facilities and services specifically designed to meat the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons;
2. That at least 8% of the units are occupied by at least one person 55 years of age or older per unit; and
3. The publication of and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
(3) Housing shall not fail to meet the requirements for housing for older persons by reason of:
(a) Persons residing in such housing as of July 1, 1993, who do not meet the age requirements of subdivisions (b) or (c) of subdivision (2) of this division; provided, that new occupants of such housing meet the age requirements of subdivisions (b) or (c) of subdivision (2) of this division; or
(b) Unoccupied units; provided, that such units are reserved for occupancy by persons who meet the age requirements of subdivisions (b) or (c) of subdivision (2) of this division.
(Ord. 1010, passed 1-11-93; Am. Ord. 1488, passed 7-10-06) Penalty, see § 149.99
Statutory reference:
Similar provisions, see W. V. Code § 5-11-9