Last week, lawmakers debated whether to eliminate a small office that protects West Virginia government employees from discrimination.
But it was already done. The employees had been reassigned. The website was no longer active.
“Who made that decision?” Del. Jonathan Kyle, R-Randolph, asked the state’s personnel director.
The director stood in silence.
“You don’t want to throw anyone under the bus,” he said. “I understand.”
Since taking office, Gov. Patrick Morrisey’s administration has quietly gutted an office that protects West Virginians from workplace discrimination.
The Office of Equal Opportunity investigated discrimination and harassment claims from public employees. It also enforced federal and state employment law and trained state employees.
In January, legislative auditors said it “serves an important function.”
“Without the [office’s] training and efforts to prevent employment discrimination and unfair workplace practices, discrimination and possible litigation may increase, which would be costly to the State and impact agencies’ effectiveness,” legislative auditors wrote.
Lawmakers created the office and would have to approve closing it by changing state law.
Labor and disability rights advocates warned that dismantling the office could expose workers to civil rights violations.
“I think it’s a slap in the face for working West Virginians, minorities and disabled individuals,” said Josh Sword, president of the West Virginia AFL-CIO.
Abolishing the office would remove centralized oversight for civil rights protections, said Sarah Harris, a spokesperson for DISrupt West Virginia, a disability rights organization.
Repeatedly, Morrisey has condemned “woke” practices and directed his administration to find “efficiencies” in state agencies. In his inaugural address, Morrisey vowed to “eliminate the woke mind virus from the schools.”
“And that means starting now: no more DEI,” he said.
DEI programs promote fair treatment and full participation of all people, particularly those who have been underrepresented and faced discrimination.
He immediately directed state agencies to get rid of any diversity programs and asked the Legislature to pass a similar law extending to public schools, following a larger trend this session targeting diversity, equity and inclusion efforts statewide.
Sen. Joey Garcia, D-Marion, said the office was “another victim” of the broader effort by Republicans.
“They’re so afraid of diversity, equity and inclusion that they’re trying to take it out of the code in every way that they can,” he said.
Sen. Patrica Rucker, R-Jefferson, proposed disbanding the workplace discrimination office. Last month, she told fellow senators the change would streamline state government by merging the office with the Division of Personnel.
“I understand what it looks like,” she said. “But we are still providing all the benefits and protections as before.”
During a House Government Organization committee meeting on Thursday, Sheryl Webb, director of the Division of Personnel, said the change was made because the division already handled similar complaints, and this would be more efficient.
She disclosed that the state’s designated equal opportunity coordinator, a position required by law, had already transitioned into a new job under the office of technology before any changes to state law.
“What we would like to do is finalize what was already started,” Webb said.
After delegates learned on Thursday that the office was already gone, the bill has not been put back on the committee’s agenda.
In a press conference Monday, Morrisey said he had been assured everything was done by the book but is looking into the situation.
“We’re going to make sure we do it right,” he said.
The Office of Equal Opportunity worked directly with employees legally protected from discrimination on the basis of age, race, religion, sex and disability.
It also hosted training sessions centered around diversity, harassment and management for state employees.
In 2023, nearly half of the complaints filed with the office were based on sex discrimination, and its trainings had over 2,000 attendees, according to the legislative audit.
Between 2022 and 2024, expenses from 23 discrimination cases cost the state approximately a million dollars in legal fees and compensation.
In last week’s committee meeting, lawmakers peppered the state’s personnel director with questions about the office.
Where are the employees now? Who ordered the office’s closure? Was the legislative audit considered?
After a line of questioning, Del. Kayla Young, D-Kanawha, deduced that the office exists in law but not in practicality.
“It’s all basically gone.”