September 16, 2019

September 16, 2019

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Wheeling, West Virginia, Ordinance Protects LGBTQ Residents

Wheeling has become West Virginia’s eleventh city to pass a sexual orientation and gender identity anti-discrimination ordinance protecting the housing and employment rights of LGBTQ residents. The ordinance also protects residents who are veterans.

The ordinance, pass unanimously by the City Council on December 20, 2017, makes it unlawful for any business or property owner to refuse employment or housing to, as well as to fire or evict, a resident on the basis of sexual orientation, gender identity, or veteran status.

Religious institutions are exempt from the ordinance. Private clubs are exempt with respect to membership, but would be subject to the law as employers.

The ordinance defines an employer as “any person employing 12 or more persons within the city and includes an agent of such person, and its agencies.” The ordinance also gives the Wheeling Human Rights Commission the ability to issue cease-and-desist orders in response to complaints under the new policy.

Employers in Wheeling should review their harassment prevention policies and ensure that they are compliant with West Virginia and federal laws.

In addition, it is important to conduct regular training on harassment prevention that addresses sexual orientation and gender identity discrimination, as well as discrimination of all other protected groups.

Jackson Lewis P.C. © 2019

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About this Author

Marla Presley, Employment Labor Litigation Attorney, Jackson Lewis Law Firm
Principal and Office Litigation Manager

Marla N. Presley is a Shareholder in the Pittsburgh, Pennsylvania office Jackson Lewis P.C. Prior to joining Jackson Lewis, Ms. Presley was a litigation attorney at both a regional and national law firm, concentrating in the field of labor and employment litigation, including individual and collective action discrimination and wage and hour claims.

Ms. Presley’s practice is focused exclusive on the representation of employers in employment related litigation before administrative agencies and courts on both the state and federal levels. Ms....

(412) 232-0404
Michelle E. Phillips, Jackson Lewis Law Firm, Labor Employment Attorney
Principal

Michelle E. Phillips is a Principal in the White Plains, New York, office of Jackson Lewis P.C. She handles various types of employment litigation, with an emphasis on sexual harassment matters.

Ms. Phillips also counsels clients on a variety of labor and employment matters concerning federal and state employment laws. She frequently conducts and advises clients on internal investigations and leads employment discrimination and sexual harassment seminars and in-house diversity training programs for clients.

914-328-0404