West Virginia Code of State Rules
Agency 77 - Human Rights Commission
Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION
Series 77-05 - Rules Regarding Exemption Of Private Clubs
Section 77-5-3 - Additional Indicators
Universal Citation: 77 WV Code of State Rules 77-5-3
Current through Register Vol. XLI, No. 13, March 29, 2024
3.1. In addition to the factors set forth in section 2.2 above, the Commission shall consider the following indicators in determining whether a respondent qualifies for a private club exemption:
3.1.1. It is an indicator that a club is not a truly private club not in fact open to the public if it provides regular meal service and regularly receives payment for dues, fees, use of space, facilities services, meals, or beverages directly or indirectly from or on behalf of nonmembers;
3.1.2. It is an indicator that a club is not truly private club not in fact open to the public if it carries on in any significant degree functions which are considered commercial in nature, such as if it provides a forum where business deals are often made and personal contacts valuable for business purposes, employment, and professional advancement are formed.
3.2. An alleged private club exemption must be examined in light of the HRA's clear purpose of protecting only the genuine privacy of private clubs whose membership is genuinely selective.
3.3. An alleged private club exemption must be examined in light of the remedial purpose of the HRA to eliminate discrimination.
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