West Virginia State Civil Rights Complaint (WVHRA — Direct Circuit Court Action)

CIVIL RIGHTS COMPLAINT — WEST VIRGINIA HUMAN RIGHTS ACT

TABLE OF CONTENTS

1. Caption
2. Nature of the Action
3. Parties, Jurisdiction, and Venue
4. Election of Remedies / Administrative Status
5. Factual Allegations
6. Count I — WVHRA Discrimination (§ 5-11-9)
7. Count II — WVHRA Retaliation
8. Count III — WVHRA Hostile Environment
9. Count IV — Parallel Federal Claims (As Applicable)
10. Damages
11. Prayer for Relief
12. Demand for Trial by Jury
13. Signature Block
14. Verification
15. West Virginia Practice Notes
16. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, WEST VIRGINIA

CIVIL ACTION NO. [________________________________]

COMPLAINT AND DEMAND FOR JURY TRIAL

(West Virginia Human Rights Act, W. Va. Code § 5-11-1 et seq.)

Plaintiff, by and through undersigned counsel, complains of Defendants and alleges as follows:

2. NATURE OF THE ACTION

2.1. This is a civil action arising under the West Virginia Human Rights Act, W. Va. Code § 5-11-1 et seq. ("WVHRA"), seeking redress for unlawful discriminatory practices in [employment / public accommodation / housing].

2.2. Plaintiff alleges that Defendants discriminated against Plaintiff on the basis of [race / religion / color / national origin / ancestry / sex / age (40+) / blindness / disability / familial status (housing)] in violation of W. Va. Code § 5-11-9, retaliated against Plaintiff for engaging in protected activity, and subjected Plaintiff to a hostile environment.

2.3. Plaintiff brings this action directly in circuit court under the election authorized by Price v. Boone County Ambulance Authority, 175 W. Va. 676, 337 S.E.2d 913 (1985), which holds that the WVHRA's administrative procedures before the West Virginia Human Rights Commission are not exclusive and that a plaintiff may sue directly in circuit court within the applicable two-year statute of limitations.

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] is an adult resident of [COUNTY] County, West Virginia, and was at all relevant times a "person" and "employee" within the meaning of W. Va. Code § 5-11-3.

3.2. Defendant [EMPLOYER NAME] ("Employer") is a [corporation / LLC / other entity] organized under the laws of [STATE], registered to do business in West Virginia, with its principal West Virginia place of business at [ADDRESS].

3.3. At all relevant times, Employer employed twelve (12) or more persons within the State of West Virginia for twenty (20) or more calendar weeks in the calendar year in which the discrimination occurred or the preceding calendar year, and is therefore an "employer" within the meaning of W. Va. Code § 5-11-3(d).

3.4. This Court has subject-matter jurisdiction over this action under W. Va. Code § 51-2-2 (general circuit-court jurisdiction) and W. Va. Code § 5-11-13 (WVHRA court actions).

3.5. Venue is proper in this County under W. Va. Code § 56-1-1 because the unlawful discriminatory practices alleged herein occurred in [COUNTY] County and/or because Defendant Employer resides, transacts business, or maintains its principal place of business in this County.

4. ELECTION OF REMEDIES / ADMINISTRATIVE STATUS

4.1. Plaintiff elects to proceed directly in circuit court under the WVHRA without first exhausting the administrative remedy before the West Virginia Human Rights Commission, as authorized by Price v. Boone County Ambulance Authority, 175 W. Va. 676, 337 S.E.2d 913 (1985).

4.2. This Complaint is filed within the two-year statute of limitations of W. Va. Code § 55-2-12, measured from the last act of discrimination on [DATE].

4.3. To the extent any parallel federal claim is asserted herein, Plaintiff has dual-filed with the U.S. Equal Employment Opportunity Commission ("EEOC") and West Virginia Human Rights Commission under the work-share agreement, and has received or will receive a Notice of Right to Sue.

5. FACTUAL ALLEGATIONS

5.1. Plaintiff began [employment / occupancy / patronage] with Defendant on [DATE] as [POSITION / RESIDENT / CUSTOMER].

5.2. At all relevant times, Plaintiff performed Plaintiff's duties competently, met or exceeded Defendant's legitimate expectations, and otherwise conducted Plaintiff in a manner consistent with Defendant's lawful policies.

5.3. Plaintiff is a member of the following protected class(es) under W. Va. Code § 5-11-9: [RACE / RELIGION / COLOR / NATIONAL ORIGIN / ANCESTRY / SEX / AGE 40+ / BLINDNESS / DISABILITY / FAMILIAL STATUS].

5.4. Beginning on or about [DATE], Plaintiff was subjected to the following adverse actions and/or harassment:

• [Specific adverse action 1 — e.g., termination, demotion, refusal of housing, denial of public-accommodation service];
• [Specific harassment incident 1 — date, location, actors, statements];
• [Specific harassment incident 2];
• [Pattern of differential treatment — comparators].

5.5. On [DATE], Plaintiff reported the discrimination to [HR / supervisor / management] and otherwise engaged in protected activity by [describe complaint, accommodation request, or opposition to unlawful practice].

5.6. Following Plaintiff's protected activity, Defendant [describe retaliation — termination, schedule changes, write-ups, eviction, refusal of service].

5.7. Similarly situated persons outside Plaintiff's protected class were treated more favorably, including [name comparators and treatment].

5.8. Defendant's stated reasons for the adverse actions are pretextual because [explain inconsistencies, shifting rationales, deviations from policy, temporal proximity, comparator evidence].

6. COUNT I — WVHRA DISCRIMINATION (§ 5-11-9)

(Against All Defendants)

6.1. Plaintiff incorporates Paragraphs 1.1 through 5.8 as if fully restated.

6.2. W. Va. Code § 5-11-9 prohibits unlawful discriminatory practices in employment, places of public accommodation, and housing on the basis of race, religion, color, national origin, ancestry, sex, age (40+), blindness, or disability (and, for housing, familial status).

6.3. Defendant discriminated against Plaintiff because of Plaintiff's [PROTECTED CLASS] by [ADVERSE ACTION], in violation of W. Va. Code § 5-11-9([1 / 6 / 7]).

6.4. As a direct and proximate result, Plaintiff has suffered lost wages and benefits, emotional distress, humiliation, loss of professional and personal reputation, and other compensable damages.

7. COUNT II — WVHRA RETALIATION

(Against All Defendants)

7.1. Plaintiff incorporates Paragraphs 1.1 through 6.4.

7.2. W. Va. Code § 5-11-9(7) prohibits retaliation against any person who has opposed practices forbidden by the WVHRA or who has filed a complaint, testified, or assisted in any proceeding under the Act.

7.3. Plaintiff engaged in protected activity by [describe]. Defendant thereafter took materially adverse action against Plaintiff by [describe], with a causal connection demonstrated by [temporal proximity / direct evidence / pattern].

7.4. Plaintiff has suffered the damages set forth herein.

8. COUNT III — WVHRA HOSTILE ENVIRONMENT

(Against All Defendants)

8.1. Plaintiff incorporates Paragraphs 1.1 through 7.4.

8.2. Under WVHRA jurisprudence, a hostile environment exists where unwelcome conduct based on a protected characteristic is sufficiently severe or pervasive to alter the conditions of Plaintiff's [employment / occupancy / access to public accommodation] and create an abusive environment. See Hanlon v. Chambers, 195 W. Va. 99, 464 S.E.2d 741 (1995).

8.3. Defendant subjected Plaintiff to severe and pervasive harassment based on Plaintiff's [PROTECTED CLASS], as detailed in Paragraphs 5.4 through 5.7.

8.4. Defendant knew or should have known of the harassment and failed to take prompt and effective remedial action.

9. COUNT IV — PARALLEL FEDERAL CLAIMS (As Applicable)

(Against Defendant Employer)

9.1. Plaintiff incorporates Paragraphs 1.1 through 8.4.

9.2. [As applicable: Title VII — 42 U.S.C. § 2000e-2(a) prohibits discrimination based on race, color, religion, sex, or national origin.]

9.3. [As applicable: ADA — 42 U.S.C. § 12112(a) prohibits disability discrimination and requires reasonable accommodation.]

9.4. [As applicable: ADEA — 29 U.S.C. § 623(a) — Plaintiff was age 40 or older and was discharged/demoted because of age.]

9.5. [As applicable: 42 U.S.C. § 1981 — Defendants intentionally discriminated against Plaintiff on the basis of race in the making, performance, modification, or termination of Plaintiff's contract.]

10. DAMAGES

10.1. Back Pay and Benefits. Lost wages, bonuses, commissions, and benefits from the date of the adverse action through judgment, with prejudgment interest under W. Va. Code § 56-6-31.

10.2. Front Pay or Reinstatement. Reinstatement to Plaintiff's former position with full seniority, or in the alternative, front pay sufficient to make Plaintiff whole.

10.3. Compensatory Damages. Emotional distress, mental anguish, humiliation, loss of professional and personal reputation, and other non-economic injuries. The WVHRA permits unlimited compensatory damages in court actions; statutory caps under 42 U.S.C. § 1981a(b)(3) apply only to federal counts.

10.4. Punitive Damages. Available under the WVHRA where Defendant acted with malice, oppression, or reckless indifference to Plaintiff's protected rights. See Haynes v. Rhone-Poulenc, Inc., 206 W. Va. 18, 521 S.E.2d 331 (1999).

10.5. Attorney's Fees and Costs. Pursuant to W. Va. Code § 5-11-13(c), the court may award reasonable attorney fees and costs to the prevailing party.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for the following relief:

• A. Judgment for Plaintiff and against Defendants on all counts;
• B. Back pay, lost benefits, and prejudgment interest;
• C. Reinstatement or, in the alternative, front pay;
• D. Compensatory damages in an amount to be determined at trial;
• E. Punitive damages in an amount to be determined at trial;
• F. A declaratory judgment that Defendants' conduct violated W. Va. Code § 5-11-9;
• G. Permanent injunctive relief enjoining further discrimination and retaliation, and ordering Defendants to implement remedial training, policies, and reporting;
• H. Reasonable attorney's fees and costs under W. Va. Code § 5-11-13(c);
• I. Such other relief as the Court deems just and equitable.

12. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right, pursuant to W. Va. R. Civ. P. 38 and Article III, Section 13 of the West Virginia Constitution.

13. SIGNATURE BLOCK

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], WV State Bar No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, WV ZIP]

Telephone: [________________________________]

Email: [________________________________]

14. VERIFICATION

STATE OF WEST VIRGINIA, COUNTY OF [________], to wit:

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I am the Plaintiff in the foregoing Complaint; that I have read the same; and that the allegations therein are true to the best of my knowledge, information, and belief.

[________________________________]

[PLAINTIFF NAME]

Taken, subscribed, and sworn to before me this [__/__/____].

[________________________________]

Notary Public — My commission expires: [__/__/____]

☐ Verification attached as required by local circuit-court practice (verify with clerk).

15. WEST VIRGINIA PRACTICE NOTES

• Election of remedies (key WV feature). Unlike many state human-rights statutes, the WVHRA permits a claimant to bypass administrative exhaustion and file directly in circuit court. Price v. Boone Cnty. Ambulance Auth., 175 W. Va. 676, 337 S.E.2d 913 (1985); W. Va. Hum. Rts. Comm'n v. The Tenpin Lounge, 158 W. Va. 349, 211 S.E.2d 349 (1975) (administrative remedies are concurrent, not exclusive).
• Limitations. 365 days to file with WVHRC under W. Va. Code § 5-11-10; two years to file directly in circuit court under W. Va. Code § 55-2-12 (general personal-injury limitation applied to WVHRA actions per McCourt v. Oneida Coal Co., 188 W. Va. 647, 425 S.E.2d 602 (1992)).
• Employer threshold. W. Va. Code § 5-11-3(d): 12 or more persons employed within the state for 20 or more calendar weeks (broader than Title VII's 15-employee threshold; covers smaller employers).
• Protected classes. Race, religion, color, national origin, ancestry, sex, age (40+), blindness, disability (employment and public accommodation); housing additionally includes familial status. Note: the WVHRA does not currently include sexual orientation or gender identity as enumerated classes — claimants relying on those bases should consider Title VII (per Bostock v. Clayton County, 590 U.S. 644 (2020)) and any applicable municipal ordinances (e.g., Charleston, Morgantown, Huntington local human-rights ordinances).
• Damages — no statutory cap. Compensatory and punitive damages are available without the federal § 1981a(b)(3) caps when proceeding solely under the WVHRA.
• Attorney's fees. Available under § 5-11-13(c) to prevailing parties; courts apply lodestar analysis. See Bishop Coal Co. v. Salyers, 181 W. Va. 71, 380 S.E.2d 238 (1989).
• Individual liability. Supervisors and managers may be individually liable under the WVHRA. See Holstein v. Norandex, Inc., 194 W. Va. 727, 461 S.E.2d 473 (1995).
• Public accommodation / housing. § 5-11-9(6) (public accommodation) and § 5-11-9(8)–(11) (housing) cover real-estate transactions, lending, and provision of services. Housing claims may also implicate the federal Fair Housing Act, 42 U.S.C. § 3601 et seq.
• Federal removal. Pleading parallel federal counts allows removal under 28 U.S.C. § 1441. To remain in state court, plead WVHRA counts only.
• Forum. Circuit court of the county where the unlawful practice occurred or where defendant resides/transacts business; W. Va. R. Civ. P. apply.
• Pleading standard. West Virginia is a notice-pleading state under Roth v. DeFeliceCare, Inc., 226 W. Va. 214, 700 S.E.2d 183 (2010), but plaintiffs should plead sufficient facts to support each element of the claim.

16. SOURCES AND REFERENCES

• W. Va. Code § 5-11-1 et seq. (West Virginia Human Rights Act) — https://code.wvlegislature.gov/5-11/
• W. Va. Code § 5-11-9 (Unlawful discriminatory practices)
• W. Va. Code § 5-11-10 (Procedure; 365-day filing deadline)
• W. Va. Code § 5-11-13 (Court actions; attorney fees)
• W. Va. Code § 55-2-12 (Two-year personal-injury statute of limitations)
• West Virginia Human Rights Commission — https://hrc.wv.gov/
• Price v. Boone Cnty. Ambulance Auth., 175 W. Va. 676, 337 S.E.2d 913 (1985)
• W. Va. Hum. Rts. Comm'n v. The Tenpin Lounge, 158 W. Va. 349 (1975)
• Hanlon v. Chambers, 195 W. Va. 99, 464 S.E.2d 741 (1995)
• Haynes v. Rhone-Poulenc, Inc., 206 W. Va. 18, 521 S.E.2d 331 (1999)
• Holstein v. Norandex, Inc., 194 W. Va. 727, 461 S.E.2d 473 (1995)
• McCourt v. Oneida Coal Co., 188 W. Va. 647, 425 S.E.2d 602 (1992)
• 42 U.S.C. § 2000e et seq. (Title VII)
• 42 U.S.C. § 12101 et seq. (ADA)
• 29 U.S.C. § 621 et seq. (ADEA)
• 42 U.S.C. § 1981

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. The West Virginia Human Rights Act permits direct circuit-court actions, but counsel must verify current statutory citations, limitations periods, and court-rule requirements. An attorney licensed in West Virginia must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.