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HB 5539

West Virginia Coal Miners Employment Act

2026 Regular Session Introduced by Shawn Fluharty and 2 co-sponsors

Allows employers to give hiring preference to veterans, military spouses, and unemployed coal miners if all job qualifications are met.

To House Energy and Public Works
#humanrights
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Bill Summary · HB 5539

Summary of HB 5539 (2026) – West Virginia

Purpose and Intent

  • The bill amends West Virginia law to permit employers to grant hiring preferences to certain groups without violating state equal employment opportunity (EEO) laws.
  • Specifically, it allows preference for:
    • unemployed coal miners, and
    • veterans (including certain service-connected veterans) and military spouses.
  • The overarching goal is to create a lawful basis for giving priority to these categories in hiring, provided other job requirements are met.

Key Provisions

New/Updated Provision

  • §16B-17-9a (as amended): An employer may grant hiring preference to any of the following, so long as the preferred candidate meets all knowledge, skills, and eligibility requirements for the job:
    • a veteran or disabled veteran who has been honorably discharged from the U.S. Armed Services, or
    • a military spouse, or
    • an unemployed coal miner.

Definitions (for the purposes of the preference)

  • Military spouse: The husband or wife of an Armed Forces member who, per U.S. Secretary of Defense, is on active duty and relocating under orders that authorize a permanent change of station.
  • Unemployed coal miner:
    • Has previously worked in coal mining for at least 5 years total,
    • Has been unemployed in coal mining for more than one year continuously,
    • Is not retired and is legally eligible for employment,
    • Not considered unemployed coal miner if unemployed for cause (e.g., policy violations, crime, safety violations).
  • Veteran:
    • An honorable discharge,
    • Either:
    • Served more than 180 consecutive days of full-time active duty (including Reserve/National Guard), or
    • Has a service-connected disability rating from the U.S. Department of Veterans Affairs.

Clarifications

  • The preference does not override job qualifications. The candidate must meet all job-related knowledge, skills, and eligibility requirements.
  • The bill explicitly removes this preference from violating state EEO laws, provided the above conditions are met.

Affected Parties and Impacts

Beneficiaries

  • Veterans (and certain service-connected veterans), military spouses, and unemployed coal miners may benefit from enhanced hiring opportunities.

Employers

  • Public and private employers in West Virginia would be permitted to grant hiring preference to the specified categories without violating state EEO or human rights laws, as long as the candidates meet job-specific requirements.

Coal Mining Community

  • The inclusion of unemployed coal miners targets past coal industry workers, potentially aiding re-employment in the sector or related fields.

Procedural and Timeline Aspects

  • Introduced: February 16, 2026.
  • Referral: Energy and Public Works, then Government Organization.
  • Status: Filed for introduction; referred to committees (no final passage information provided in the text).

Practical Considerations

  • The bill does not create automatic hiring guarantees; it authorizes a permissible preference in recruitment, contingent on meeting job qualifications.
  • The tool is intended to align EEO compliance with targeted preferences, potentially reducing discrimination concerns while supporting employment for veterans, military spouses, and coal miners.

Sponsors

  • Primary sponsors: Delegates Hornbuckle, Fluharty, Hamilton, Garcia, and Lewis.
  • Co-sponsors: Hollis Lewis, Sean Hornbuckle, Shawn Fluharty.

If you’d like, I can compare this bill to current WV EEO law or provide a side-by-side with similar policies in other states for context.

Compiled from official sources — confirm details with the bill’s official record.

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