Bill Text: WV HB2693 | 2021 | Regular Session | Introduced
Bill Title: Eliminating the Human Rights Commission
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2021-02-23 - To House Government Organization [HB2693 Detail]
Download: West_Virginia-2021-HB2693-Introduced.html
WEST virginia legislature
2021 regular session
Introduced
House Bill 2693
By Delegates Steele, Foster, J. Pack, and L. Pack
[Introduced February 23, 2021; Referred to the Committee on Government Organization]
A BILL to repeal §5-11-5, §5-11-6, §5-11-7, §5-11-8, §5-11-11, §5-11-12, §5-11-13, §5-11-14, and §5-11-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-11-3, §5-11-4, §5-11-10, and §5-11-18 of said code; and to amend said code by adding thereto a new section, designated §5-11-22, all relating to the termination of the Human Rights Commission; providing for the courts of this state to hear claims relating to discrimination or other jurisdiction of the commission; providing for the courts the powers and objectives to carry out the provisions; providing for the courts to receive complaints, conduct hearings, and issue orders relating to discriminatory practices; providing for the right of a plaintiff or defendant to request a jury trial; providing for the courts of this state to issue injunctions relating to certain housing complaints; providing for termination of the Human Rights Commission; providing for 180 days for the commission to wind up its affairs; providing for other mechanisms persons in this state may seek redress for complaints filed with the commission; providing for any remaining funds outstanding the day the commission ceases to exist to be used for any outstanding financial obligations; and providing for any remaining funds from the commission after paying financial obligations be transferred to the General Revenue Fund.
Be it enacted by the Legislature of West Virginia:
ARTICLE 11. HUMAN RIGHTS COMMISSION.
§5-11-3. Definitions.
When used in this article:
(a) The term “person” means one or more individuals, partnerships, associations, organizations, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers and other organized groups of persons;
(b) The term "commission"
means the West Virginia Human Rights Commission;
(c) The term "director"
means the executive director of the commission;
(d)(b) The term
“employer” means the state, or any political subdivision thereof, and any
person employing 12 or more persons within the state for 20 or more calendar
weeks in the calendar year in which the act of discrimination allegedly took
place or the preceding calendar year: Provided, That such terms shall
not be taken, understood or construed to include a private club;
(e)(c) The term
“employee” shall not include any individual employed by his or her parents,
spouse or child;
(f)(d) The term
“labor organization” includes any organization which exists for the purpose, in
whole or in part, of collective bargaining or of dealing with employers
concerning grievances, terms or conditions of employment or for other mutual
aid or protection in relation to employment;
(g)(e) The term
“employment agency” includes any person undertaking, with or without
compensation, to procure, recruit, refer or place employees. A newspaper
engaged in the activity of advertising in the normal course of its business
shall not be deemed to be an employment agency;
(h)(f) The term
“discriminate” or “discrimination” means to exclude from, or fail or refuse to
extend to, a person equal opportunities because of race, religion, color,
national origin, ancestry, sex, age, blindness, disability or familial status
and includes to separate or segregate;
(i)(g) The term
“unlawful discriminatory practices” includes only those practices specified in
section nine of this article;
(j)(h) The term
“place of public accommodations” means any establishment or person, as defined
herein, including the state, or any political or civil subdivision thereof,
which offers its services, goods, facilities or accommodations to the general
public, but shall not include any accommodations which are in their nature
private. To the extent that any penitentiary, correctional facility, detention
center, regional jail or county jail is a place of public accommodation, the
rights, remedies and requirements provided by this article for any violation of
§5-11-9(6) of this code shall not apply to any person other than: (1) Any
person employed at a penitentiary, correctional facility, detention center,
regional jail or county jail; (2) any person employed by a law-enforcement
agency; or (3) any person visiting any such employee or visiting any person
detained in custody at such facility;
(k)(i) The term
“age” means the age of 40 or above;
(l)(j) For the
purpose of this article, a person shall be considered to be blind only if his
central visual acuity does not exceed 20/200 in the better eye with correcting
lenses, or if his visual acuity is greater than 20/200 but is occasioned by a
limitation in the fields of vision such that the widest diameter of the visual
field subtends an angle no greater than 20 degrees; and
(m)(k) The term
“disability” means:
(1) A mental or physical impairment which substantially limits one or more of such person’s major life activities. The term “major life activities” includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working;
(2) A record of such impairment; or
(3) Being regarded as having such an impairment.
For the purposes of this article, this term does not include persons whose current use of or addiction to alcohol or drugs prevents such persons from performing the duties of the job in question or whose employment, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others.
§5-11-4. Powers and objectives.
The commission courts
of this state shall have the power and authority and shall perform the
functions and services as in this article prescribed and as otherwise provided
by law. The commission shall It is the purpose of this article to encourage
and endeavor to bring about mutual understanding and respect among all racial,
religious and ethnic groups within the state and shall strive to eliminate all
discrimination in employment and places of public accommodations by virtue of
race, religion, color, national origin, ancestry, sex, age, blindness or
handicap and shall strive to eliminate all discrimination in the sale,
purchase, lease, rental or financing of housing and other real property by
virtue of race, religion, color, national origin, ancestry, sex, blindness,
handicap or familial status.
§5-11-5. Composition; appointment, terms and oath of members; compensation and expenses.
[Repealed.]
§5-11-6. Commission organization and personnel; executive director; offices; meetings; quorum; expenses of personnel.
[Repealed.]
§5-11-7. Assistance to commission; legal services.
[Repealed.]
§5-11-8. Commission powers; functions; services.
[Repealed.]
§5-11-10. Discriminatory practices; investigations, hearings, procedures and orders.
Any individual claiming to
be aggrieved by an alleged unlawful discriminatory practice shall make, sign
and file with the commission file in the Circuit Court in the
jurisdiction and venue of the aggrieved employee or in the jurisdiction and
venue where the defendant maintains an office a verified complaint, which
shall state the name and address of the person, employer, labor organization,
employment agency, owner, real estate broker, real estate salesman or financial
institution alleged to have committed the unlawful discriminatory practice
complained of, and which shall set forth the particulars thereof and
contain such other information as may be required by the commission's rules
and regulations to reasonably inform the defendant or defendants of the
nature and of the allegations and specific alleged conduct that is in violation
of this article. The commission upon its own initiative, or the Attorney
General, shall, in like manner, make, sign and file such complaint. Any
employer, whose employees, or some of them, hinder or threaten to hinder
compliance with the provisions of this article, shall file with the commission
a verified complaint, asking for assistance by conciliation or other remedial
action and, during such period of conciliation or other remedial action, no
hearings, orders or other actions shall be held, made or taken by the
commission against such employer. Any complaint filed pursuant to this
article must be filed within 365 days after the alleged act of discrimination.
After the filing of any
complaint, or whenever there is reason to believe that an unlawful
discriminatory practice has been committed, the commission shall make a prompt
investigation in connection therewith.
If it shall be
determined after such investigation that no probable cause exists for
substantiating the allegations of the complaint, the commission shall, within
ten days from such determination, cause to be issued and served upon the
complainant written notice of such determination, and the said complainant or
his or her attorney may, within ten days after such service, file with
the commission a written request for a meeting with the commission to show
probable cause for substantiating the allegations of the complaint. If it shall
be determined after such investigation or meeting that probable cause exists
for substantiating the allegations of the complaint, the commission shall
immediately endeavor to eliminate the unlawful discriminatory practices
complained of by conference, conciliation and persuasion. The members of the
commission and its staff shall not disclose what has transpired in the course
of such endeavors: Provided, That the commission may publish the facts
in the case of any complaint which has been dismissed, and the terms of
conciliation when the complaint has been adjusted, without disclosing the
identity of the parties involved.
In case of failure so to
eliminate such practice or in advance thereof, if in the judgment of the
commission circumstances so warrant, the commission shall cause to be issued
and served a written notice, together with a copy of such complaint as the same
may have been amended, in the manner provided by law for the service of summons
in civil actions, requiring the person, employer, labor organization,
employment agency, owner, real estate broker, real estate salesman or financial
institution named in such complaint, hereinafter referred to as respondent, to
answer the charges of such complaint at a hearing before the commission in the
county where the respondent resides or transacts business at a time and place
to be specified in such notice: Provided, That said written notice be
served at least thirty days prior to the time set for the hearing.
The case in support of
the complaint shall be presented before the commission by one of its attorneys
or agents. The respondent may file a written, verified answer to the complaint
and appear at such hearing in person or otherwise, with or without counsel, and
submit testimony and evidence. Except as provided in this article, all of the
pertinent provisions of article five, chapter twenty-nine-a of this code shall
apply to and govern the hearing and the administrative procedures in connection
with and following such hearing, with like effect as if the provisions of said
article five were set forth in extensor in this section.
If, after such hearing
and consideration of all of the testimony, evidence and record in adjudication
of the case, the commission circuit court or other trier of fact shall
find that a respondent defendant or defendants has engaged
in or is engaging in any unlawful discriminatory practice as defined in this
article, the commission circuit court shall issue and cause to be
served on such respondent defendant or defendants an order to
cease and desist from such unlawful discriminatory practice and to take such
affirmative action, including, but not limited to, hiring, reinstatement or
upgrading of employees, with or without back pay, admission or restoration to
membership in any respondent labor organization, or the admission to full and
equal enjoyment of the services, goods, facilities, or accommodations offered
by any respondent defendant or defendants place of public
accommodation, and the sale, purchase, lease, rental or financial assistance to
any complainant otherwise qualified for the housing accommodation or real
property, denied in violation of this article, as in the judgment of the commission
circuit judge, will effectuate the purposes of this article, and including
a requirement for report of the manner of compliance. Such order shall be
accompanied by findings of fact and conclusions of law as specified in §29A-5-3
of this code.
If, after such hearing
and consideration of all of the testimony, evidence and record in adjudication
of the case by the circuit court, the commission circuit
court or other trier of fact shall find that a respondent defendant
or defendants has not engaged in such unlawful discriminatory
practice, the commission circuit court shall state its
findings of fact and conclusions of law as aforesaid and shall issue and cause
to be served on the complainant issue an order dismissing the said
complaint as to such respondent defendant or defendants.
A copy of its order
shall be delivered in all cases by the commission to the complainant, the
respondent, the Attorney General and to such other public officers as the
commission may deem proper. Any such order shall not be enforceable except as
provided in section eleven of this article.
In a cause of action brought under this article, the plaintiff or defendant may request a trial by jury either in the verified complaint, in the case of the plaintiff, or in the verified answer, in the case of a defendant or defendants.
§5-11-11. Appeal and enforcement of commission orders.
[Repealed.]
§5-11-12. Local human relations commissions.
[Repealed.]
§5-11-13. Exclusiveness of remedy; exceptions.
[Repealed.]
§5-11-14. Penalty.
[Repealed.]
§5-11-17. Posting of law and information.
[Repealed.]
§5-11-18. Injunctions in certain housing complaints.
When it appears that a
housing unit or units described in a complaint may be sold, rented or otherwise
disposed of before a determination of the complaint or case has been made by
the commission circuit court or during judicial review of any
final order of the commission circuit court, the circuit court of
the county in which such housing unit or units are located may, upon the joint
petition of the commission and the complainant plaintiff, or if
there be more than one complainant plaintiff, all such complainants
plaintiffs, issue a prohibitive injunction restraining the sale, rental
or other disposition of such housing unit or units except in compliance with
the order of the court. No such injunction shall be issued by the court until
the complainant or complainants plaintiff or plaintiffs shall
have posted bond, with good security therefor, in such penalty as the court or
judge awarding it may direct. The court may include in any such injunction
granted such other conditions as it deems proper and just. Such injunction, if
granted, shall be of no more than 30 days duration. If at the end of such 30
day period the commission plaintiff notifies the court that
additional time is needed for the disposal or determination of the complaint or
case or the conclusion of such judicial review, the court, for good cause
shown, may extend the period of the injunction for such additional time as the
court deems proper. No such extension shall be granted except upon the
continuation or reposting of the bond required for the original injunction and
any such extension of the injunction may be granted upon such additional terms
and conditions as to the court seem proper and just.
§5-11-22. Termination; disposition of complaints; disposition of funds.
(a) Upon the effective date of this legislation, the former West Virginia Human Rights Commission, and any similar such body created by a political subdivision of this state, shall cease receiving complaints from complainants, and notify said persons making said complaints to: (1) Make a similar filing with the Equal Employment Opportunity Commission of the United States Federal Government, (2) notify said persons of the availability of the circuit courts of this state to hear their complaint, (3) notify said persons of their right to hire counsel to bring said claim in either forum, and (4) notify said persons of the applicable time constraints on bringing a claim under West Virginia law.
(b) The West Virginia Human Rights Commission, and any similar such body created by a political subdivision of this state, shall have 180 days from the effective date of this legislation to: (1) Adjudicate any claim brought before the body prior to the effective date of this legislation, (2) take such action to transfer said claim to the Equal Employment Opportunity Commission of the United States Federal Government, or (3) dismiss such complaint and notify the complainant of their right to bring such action in the circuit courts of this state in compliance with this article.
(c) Upon the 181st day following the effective date of this legislation the West Virginia Human Rights Commission shall cease to exist, and any financial obligation of the commission shall be satisfied with the balance of any funds retained by the commission. Should a balance of funds remain after the satisfaction of all obligations by the commission, said funds shall be transferred to the General Revenue Funds of the state.
NOTE: The purpose of this bill is to terminate the Human Rights Commission and other similar commissions enacted by political subdivisions in this state.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
