West Virginia law addresses COVID-19 vaccine requirements

During a recent special legislative session, West Virginia Governor Jim Justice signed House Bill (HB) 335 relating to COVID-19 immunizations requirements for employment in the public and private sectors. Effective January 18, 2022, it creates a process for workers in West Virginia to seek medical or religious exemptions to COVID-19 workplace vaccination requirements and prevents employers from penalizing or discriminating against current or prospective employees for exercising their exemption rights. The bill is largely consistent with the West Virginia Human Rights Act (WVHRA) in that it provides an avenue for employees to request accommodations if they have medical issues or sincerely held religious beliefs that would prevent them from getting immunized. It is broader than the WVHRA, however, in a few respects.

Covered exemptions

HB 335 broadly defines “covered employers” as the state of West Virginia and any entity engaged in business activity in West Virginia (including for-profit and not-for-profit activity) that has employees. It offers more protection for current or prospective employees who are either unable or unwilling to receive the COVID-19 immunization than would be permitted under the WVHRA alone.