West Virginia EEOC filing deadline
West Virginia is a 300-day federal jurisdiction for Title VII bases. The 300-day extension under 42 U.S.C. §2000e-5(e)(1) rule applies, with dual-filing mechanics under 29 CFR §1601.13.
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Details
State FEPA
State filing window
Runs independently of the federal 180/300 clock. Some states impose a tighter internal deadline; others (CA 3-year, IL/OH 730-day post-amendment) extend well past the federal window.
Worksharing posture
Worksharing agreement in effect. Filing with either the EEOC or the state agency typically constitutes filing with both.
Federal circuit
West Virginia is in the 4th Circuit. Federal appellate treatment of Morgan (2002) continuing-violation doctrine and constructive-discharge doctrine varies by circuit and is reviewed quarterly.
Where West Virginia state law goes beyond federal
Title VII covers race, color, religion, sex, and national origin. ADA adds disability; ADEA adds age 40+; GINA adds genetic information. Many state FEPAs cover additional bases that federal law does not — those gaps are real grounds even when the federal claim is closed.
Shared with federal · 7
- RaceTitle VII
- ColorTitle VII
- ReligionTitle VII
- SexTitle VII
- National originTitle VII
- Age (40+)ADEA
- DisabilityADA
State-only bases · 2
- Ancestry
- blindness
These bases are covered only by state law in this jurisdiction. Federal Title VII / ADA / ADEA / GINA do not reach them — but state-court remedies under the state FEPA statute may still be available.
State-specific notes
- [PLACEHOLDER: cite — WVHRC state filing deadline 1 year under W. Va. Code §5-11-10]
FAQ
What is the EEOC charge filing deadline in West Virginia?
300 days from the most recent discriminatory act under 42 U.S.C. §2000e-5(e)(1). West Virginia has a designated Fair Employment Practices Agency (West Virginia Human Rights Commission (WVHRC)) enforcing a same-basis state anti-discrimination law, which triggers the 300-day extension under 29 CFR §1601.13.
Does West Virginia have a state-level discrimination agency?
Yes — West Virginia Human Rights Commission (WVHRC) (https://hrc.wv.gov/). Operating statute: W. Va. Code §5-11-1 et seq. (West Virginia Human Rights Act). Covered protected bases include race, color, religion, sex, national_origin, ancestry, age, disability, blindness.
Which federal circuit does West Virginia sit in?
West Virginia is in the 4th Circuit. Federal appeals from district courts in West Virginia go to that Circuit. Continuing-violation doctrine treatment under Morgan (2002) varies by circuit; consult an employment-law attorney before relying on circuit-specific applications.
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