Current through Register Vol. XLI, No. 50, December 13, 2024
Section 77-5-2 - Exemption of Truly Private Clubs2.1. The exemption afforded private clubs by the West Virginia Human Rights Act, W. Va. Code '5-11-3(d) & (j) and '5-11-19, may be invoked as a defense to a complaint filed under the HRA only by clubs which are truly private and which are not in fact open to the public.2.2. In determining whether a respondent is a truly private club which is not in fact open to the public, the Commission shall examine the following factors:2.2.1. Whether the respondent is a club in the ordinary sense of the word and was formed because of common associational interests among the members;2.2.2. Whether it carefully screens applicants for membership and selects new members with reference to the common intimacy of the association;2.2.3. Whether it limits its membership to a number small enough to allow full membership participation and to ensure that all members share the common associational bond;2.2.4. Whether it limits the use of its facilities and services strictly to members and bona fide guests of members;2.2.5. Whether it is controlled by the membership either in the form of a general meeting or some other organizational form;2.2.6. Whether publicity is directed solely to members for their information and guidance;2.2.7. Whether it is nonprofit and operated solely for the benefit of the members.