West Virginia Human Rights Commission Charge of Discrimination

CHARGE OF DISCRIMINATION — WEST VIRGINIA HUMAN RIGHTS COMMISSION

West Virginia Human Rights Commission

1321 Plaza East, Room 108A

Charleston, WV 25301-1400

(VERIFY CURRENT ADDRESS WITH WVHRC BEFORE MAILING — https://hrc.wv.gov)

1. COMPLAINANT INFORMATION

2. RESPONDENT INFORMATION

3. BASIS OF DISCRIMINATION

I believe I was discriminated against because of (check all that apply):

• ☐ Race — Specify: [____]
• ☐ Color
• ☐ Religion — Specify: [____]
• ☐ National Origin / Ancestry — Specify: [____]
• ☐ Sex (including pregnancy and sex-based stereotyping)
• ☐ Age (40 or older) — Date of Birth: [__/__/____]
• ☐ Blindness
• ☐ Disability — Specify: [____]
• ☐ Familial Status (housing only)
• ☐ Retaliation for opposing unlawful practices, filing a charge, or participating in proceedings under the WVHRA

4. AREA OF DISCRIMINATION

• ☐ Employment (W. Va. Code § 5-11-9(1))
• ☐ Public Accommodation (W. Va. Code § 5-11-9(6))
• ☐ Housing — Sale, Rental, or Terms (W. Va. Code § 5-11-9(8)–(11))
• ☐ Real-Estate-Related Lending
• ☐ Other: [________________________________]

5. ADVERSE ACTION(S) ALLEGED

• ☐ Refusal to Hire ☐ Termination ☐ Demotion ☐ Failure to Promote
• ☐ Pay Inequity ☐ Denial of Reasonable Accommodation ☐ Discriminatory Discipline
• ☐ Harassment / Hostile Environment ☐ Retaliation
• ☐ Refusal to Rent / Sell ☐ Discriminatory Terms / Conditions ☐ Eviction
• ☐ Refusal of Service in Public Accommodation
• ☐ Other: [________________________________]

6. DATE(S) OF DISCRIMINATION

7. STATEMENT OF PARTICULARS

I allege that Respondent committed the following discriminatory practices:

7.1. Background. I am a member of the protected class(es) checked in Section 3 above. [State race/national origin/sex/age/disability/etc.].

7.2. Relationship to Respondent. I was [employed by / a tenant of / a customer of / an applicant to] Respondent from [__/__/____] to [__/__/____] (or am currently). My position / relationship was [________________________________].

7.3. Qualifications / Conduct. I was qualified for the position / housing / service at issue and performed satisfactorily. [Provide specific facts: tenure, performance reviews, payment history, conduct.]

7.4. Adverse Action. On or about [__/__/____], Respondent took the following adverse action: [describe specifically — termination, refusal to rent, denial of accommodation, refusal of service].

7.5. Discriminatory Acts and Statements. Respondent's agents made the following statements or engaged in the following conduct showing discriminatory animus: [quote specific statements with dates and speakers; describe specific incidents].

7.6. Comparator Evidence. Similarly situated persons outside my protected class were treated more favorably: [name comparators and treatment].

7.7. Pretext. Respondent's stated reason for the adverse action — [describe stated reason] — is false or pretextual because [explain inconsistencies, deviations from policy, shifting rationales, temporal proximity].

7.8. Protected Activity (if retaliation). On [__/__/____], I engaged in protected activity by [describe complaint, accommodation request, opposition to unlawful practice]. Within [time period] thereafter, Respondent [describe retaliatory action].

7.9. Witnesses. The following persons have knowledge of the facts alleged:

• [NAME, contact, what they observed]
• [NAME, contact, what they observed]

7.10. Documents. Relevant documents include [performance reviews, emails, texts, lease, rejection letter, witness statements], copies of which are attached as Exhibits.

8. RELIEF REQUESTED

I request that the West Virginia Human Rights Commission investigate this charge and provide the following relief:

• ☐ Reinstatement / Hiring / Restoration of Housing
• ☐ Back Pay and Lost Benefits
• ☐ Compensatory Damages (emotional distress, out-of-pocket loss)
• ☐ Punitive Damages (where available)
• ☐ Reasonable Accommodation
• ☐ Cease-and-Desist Order
• ☐ Posting of Anti-Discrimination Notices
• ☐ Training of Respondent's Personnel
• ☐ Attorney's Fees and Costs (W. Va. Code § 5-11-13(c))
• ☐ Such Other Relief as the Commission Deems Appropriate

9. DUAL-FILING WITH EEOC

I want this charge dual-filed with the U.S. Equal Employment Opportunity Commission for purposes of Title VII, the ADA, and/or the ADEA: ☐ Yes ☐ No

10. ELECTION TO PROCEED IN COURT — NOTICE

I understand that:

• (a) The WVHRC will investigate this charge and may issue a probable-cause finding, conciliate, or dismiss;
• (b) Under Price v. Boone County Ambulance Authority, 175 W. Va. 676 (1985), I may at any time withdraw this charge and file a civil action in West Virginia circuit court within the two-year statute of limitations of W. Va. Code § 55-2-12; and
• (c) West Virginia does not require a "right-to-sue" letter from WVHRC to file suit in state court — the administrative process is concurrent, not exclusive.

☐ I understand and reserve all rights to elect a circuit-court forum.

11. VERIFICATION (REQUIRED)

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

I, [COMPLAINANT NAME], being first duly sworn upon my oath, depose and state that I have read the foregoing Charge of Discrimination; that the matters set forth therein are true to the best of my knowledge, information, and belief; and that I make this charge in good faith and not for any improper purpose.

[________________________________]

[COMPLAINANT NAME] — Signature

Date: [__/__/____]

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

[________________________________]

Notary Public

My commission expires: [__/__/____]

[NOTARY SEAL]

12. ATTORNEY INFORMATION (IF REPRESENTED)

13. FILING CHECKLIST

• ☐ Charge completed in full
• ☐ Charge verified before notary
• ☐ Date of most recent discrimination within 365 days (WVHRC) and within 300 days (federal dual-file)
• ☐ Supporting documents and witness list attached
• ☐ Copy retained by complainant
• ☐ Original filed with WVHRC by mail, in person, or by other approved method
• ☐ EEOC dual-filing box checked (if federal claims preserved)
• ☐ Complainant retained counsel or contact information for legal aid

14. WEST VIRGINIA PRACTICE NOTES

• Filing deadline. 365 days under W. Va. Code § 5-11-10. Longer than federal 300-day deferral-state deadline; nonetheless, file within 300 days to preserve dual-filed federal claims.
• Verification required. W. Va. Code R. § 77-2-3 requires a verified (notarized) charge. Unverified charges are deficient.
• Election of remedies (key WV feature). Complainants may bypass WVHRC entirely and file directly in circuit court within two years under Price v. Boone Cnty. Ambulance Auth., 175 W. Va. 676 (1985). No right-to-sue letter required for state-court action.
• Investigation timeline. WVHRC investigates and issues probable-cause / no-probable-cause determinations under W. Va. Code R. § 77-2-4. Probable-cause determinations proceed to public hearing before an ALJ or to conciliation.
• Remedies via WVHRC. Cease-and-desist orders, hiring/reinstatement, back pay, compensatory damages, posting notices, training. Punitive damages available only via court action under § 5-11-13.
• EEOC dual-filing. WVHRC and EEOC have a Title VII / ADA / ADEA work-share agreement. The dual-filed charge preserves federal claims for later federal-court action upon receipt of a Notice of Right to Sue.
• Protected classes. Race, religion, color, national origin, ancestry, sex, age (40+), blindness, disability, and familial status (housing). Sexual orientation and gender identity are not enumerated under WVHRA but may be reached via Title VII (per Bostock v. Clayton County, 590 U.S. 644 (2020)) and certain WV municipal ordinances.
• Address verification. WVHRC operates under the WV Office of Inspector General. Confirm current intake address, suite, and procedures at https://hrc.wv.gov before mailing. Some sources reference older or alternative addresses; the 1321 Plaza East, Room 108A, Charleston address is current as of this template's last update but should be verified.
• Statute of limitations savings. Filing with WVHRC tolls the WVHRA limitations period during pendency of the agency proceeding under W. Va. Code § 5-11-13(b).

15. 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)
• W. Va. Code § 5-11-13 (Court actions; election; attorney fees)
• W. Va. Code R. § 77-2-3 (Complaint content and verification)
• West Virginia Human Rights Commission — https://hrc.wv.gov
• WV Office of Inspector General — Human Rights Commission — https://oig.wv.gov/human-rights-commission
• 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)
• 42 U.S.C. § 2000e-5 (EEOC procedure; deferral states)
• Bostock v. Clayton County, 590 U.S. 644 (2020)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. The 365-day WVHRC filing deadline is jurisdictional and unforgiving. Verify the current WVHRC intake address and procedures before mailing — addresses change. An attorney licensed in West Virginia should review and customize this charge before filing. Laws, citations, and forms change frequently; verify all authorities before use.