West Virginia Redefines 'Sex' Under State Law - HR ALERTS
- Regina Dyerly, SHRBP, PHR
- Jun 30
- 1 min read
West Virginia Redefines 'Sex' Under State Law
Effective: June 9, 2025
West Virginia has enacted S.B. 456, which establishes a legal definition of sex for state law purposes as the state of being male or female as observed or clinically verified at birth.
Key Provisions:
Provides specific biological definitions for male and female, based on reproductive anatomy
Clarifies that individuals with medically verifiable differences in sex development must be accommodated in accordance with state and federal law
States the importance of maintaining sex-specific spaces, such as restrooms and locker rooms for women
Note for Employers
The law may affect how certain sex-based policies are written or interpreted within West Virginia. However, employers must continue to comply with applicable federal anti-discrimination laws, including Title VII and the EEOC’s guidance related to gender identity.
Reference: WV S.B. 456
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