West Virginia Code 5-11-9a – Veterans preference not a violation of equal employment opportunity under certain circumstances
An employer may grant preference in hiring to a veteran or disabled veteran who has been honorably discharged from the United States Armed Services: Provided, That the veteran or disabled veteran meets all of the knowledge, skills, and eligibility requirements of the job, and provided further that, granting the preference does not violate any state equal employment opportunity law. For purposes of this section, the term “veteran” means any person who has received an honorable discharge and: (a) Has provided more than one hundred eighty consecutive days of full-time, active-duty service in the United States Armed Services or Reserve components thereof, including the National Guard; or (b) has a service-connected disability rating fixed by the United States Department of Veterans Affairs.
Terms Used In West Virginia Code 5-11-9a
- disability: means :
(1) A mental or physical impairment which substantially limits one or more of such person'. See West Virginia Code 5-11-3
- employer: means the state, or any political subdivision thereof, and any person employing twelve or more persons within the state for twenty 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. See West Virginia Code 5-11-3
- 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. See West Virginia Code 5-11-3
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10