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Workplace evidence · West Virginia
Deadlines to file a workplace discrimination or harassment complaint in West Virginia
The West Virginia Human Rights Commission says a complaint must be filed within 365 days of the most recent date of discrimination. The EEOC says that in harassment cases, the charge must be filed within 180 or 300 days of the last incident of harassment, and it looks at all incidents when investigating.
Educational only. Not legal advice. Sources checked November 2, 2026.
What the official sources say
- The West Virginia Human Rights Commission says a complaint must be filed within 365 days of the most recent date of discrimination. West Virginia Human Rights Commission. Checked November 2, 2026
- The EEOC's Philadelphia District Office timeliness page says a person in West Virginia has 300 days from the date of alleged harm to file a charge with the EEOC against an employer with 15 or more employees, for discrimination based on race, color, national origin, sex, religion or disability. U.S. EEOC, Philadelphia District Office: Timeliness. Checked November 2, 2026
- The EEOC's Philadelphia District Office timeliness page says a person in West Virginia has 300 days from the date of alleged harm to file a charge with the EEOC against an employer with 20 or more employees, for age discrimination. U.S. EEOC, Philadelphia District Office: Timeliness. Checked November 2, 2026
- The EEOC says the general deadline to file a charge is 180 calendar days from the day the discrimination took place, extended to 300 calendar days if a state or local agency enforces a law against employment discrimination on the same basis. U.S. EEOC, Time Limits for Filing a Charge. Checked November 2, 2026
- The EEOC says that in harassment cases, the charge must be filed within 180 or 300 days of the last incident of harassment, and it looks at all incidents when investigating. U.S. EEOC, Time Limits for Filing a Charge. Checked November 2, 2026
- The EEOC says that under worksharing agreements, a charge filed with either the EEOC or a state or local fair employment practices agency (FEPA) is also automatically filed with the other agency. U.S. EEOC, How to File a Charge of Employment Discrimination. Checked November 2, 2026
Official links
- West Virginia Human Rights Commission
- EEOC Public Portal (file or check a charge)
- EEOC: time limits for filing a charge
How to keep these papers
Keep dated copies of the papers you already have in one place, and write the day something happened on the same day. KeepMyProof is a private phone app for that: folders with checklists, the day it happened next to the day you saved it, and one PDF of a folder when someone asks.
- Handbook and policies
- Pay stubs, schedules and hours
- Messages sent to you
- Dated notes of what happened
- Complaints you made and the replies
- Job reviews and warnings
Download the free printable checklist (PDF)
One page, no email needed.
Coming soon to Google Play.
More for West Virginia
- Meal and rest break rules at work in West Virginia
- Minimum wage, overtime and tipped pay in West Virginia
- Overtime pay rules in West Virginia
- Work hours, night limits and work permits for teens in West Virginia
- Unpaid wages, paydays and your final paycheck in West Virginia
- How to document problems at work: the full guide
- Deadlines to file a workplace discrimination or harassment complaint: all states
Neighbouring states
- Deadlines to file a workplace discrimination or harassment complaint in Kentucky
- Deadlines to file a workplace discrimination or harassment complaint in Maryland
- Deadlines to file a workplace discrimination or harassment complaint in Ohio
- Deadlines to file a workplace discrimination or harassment complaint in Pennsylvania
- Deadlines to file a workplace discrimination or harassment complaint in Virginia
Questions
Where do these West Virginia facts come from?
Each fact on this page is copied from an official source: West Virginia Human Rights Commission; U.S. EEOC, Philadelphia District Office: Timeliness; U.S. EEOC, Time Limits for Filing a Charge; U.S. EEOC, How to File a Charge of Employment Discrimination. We checked that each source still says it on November 2, 2026. Rules and forms change, so open the official link and read the current version before you rely on it.
Is this legal advice?
No. This page is educational only and is not legal advice. KeepMyProof is not a law firm. For advice about your situation, ask a lawyer licensed in West Virginia or your court's self-help center.
Which papers should I keep for workplace evidence?
A good start: Handbook and policies; Pay stubs, schedules and hours; Messages sent to you; Dated notes of what happened; Complaints you made and the replies; Job reviews and warnings. Keep only papers you are allowed to have, write the date on each note, and keep originals somewhere safe.
How can I keep these papers private on my phone?
KeepMyProof keeps copies of the papers you already have in folders with checklists, encrypted on your phone, with no account and no ads. It is free for the first items you save. It is coming soon to Google Play.
Educational only. Not legal advice.