A property manager in Beckley, WV denies a rental application from a prospective tenant, citing only that the applicant's 'family background and lineage from Appalachian coal mining families' makes her uncomfortable. The applicant is a U.S.-born citizen whose grandparents were Appalachian coal miners. The applicant files a complaint under the West Virginia Human Rights Act. A licensee advising the applicant explains that this denial may constitute discrimination under a WV-specific protected class. Which protected class under WV law is most precisely implicated, and why does federal law alone provide weaker protection in this specific scenario?
Correct Answer
D) Ancestry, because WV law specifically protects against discrimination based on lineage and family heritage, which federal law does not independently cover as a distinct class
Under W. Va. Code § 5-11-9, ancestry is a protected class under the West Virginia Human Rights Act that specifically covers discrimination based on lineage, family heritage, and descent. The property manager's denial explicitly references the applicant's 'family background and lineage' — the precise type of discrimination that WV's ancestry protection is designed to address. Federal law does not include ancestry as a standalone protected class in the Fair Housing Act's seven categories; national origin under federal law typically refers to country of birth or national affiliation, not domestic regional lineage. WV's ancestry protection fills this gap and provides an independent state-law basis for the complaint.
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