Statute
- Equal Pay for Equal Work, W. Va. Code § 21-5B-1 et seq. (private employers)
Classes Protected
- Sex, blindness, disability
Key Language on Pay Discrimination
- “No employer shall: (a) In any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills; (b) pay wages to any employee at a rate less than that at which he pays wages to his employees of the opposite sex for work of a comparable character, the performance of which requires comparable skills.”
- It is an unlawful discriminatory practice 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 disabled[.]”
Exceptions for Pay Disparities (Including Affirmative Defenses)
- “No employer shall: (a) In any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills; (b) pay wages to any employee at a rate less than that at which he pays wages to his employees of the opposite sex for work of a comparable character, the performance of which requires comparable skills.”
- It is an unlawful discriminatory practice 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 disabled[.]”
Anti-Retaliation
- Prohibits retaliation against an employee who filed a complaint, testified or is about to testify or the employer believes that the employee may testify, in any investigation or proceedings under this article or a criminal action under this article.
Other Key Provisions
- "No employee shall be reduced in wages in order to eliminate an existing, past or future wage discrimination or to effectuate wage equalization.”