This appeal is by the West Virginia Human Rights Commission and by a complainant before that body, both of whom assert here a violation of the West Virginia Human Rights Act, W. Va. Code, 5-11-1 to -19, as amended. Presented for our review is a final order of the Circuit Court of Kanawha County, West Virginia. The circuit court, upon an appeal by the complainant’s former employer, reversed a decision of the West Virginia Human Rights Commission in favor of the complainant. We conclude that the circuit court correctly applied the statute to the claim that there had been an unlawful discrimination in this case based upon an alleged “handicap.” Accordingly, we affirm the circuit court’s ruling that there was, as a matter of law, no violation of the Act as alleged in this case. We reverse the circuit court’s ruling that a remand to the West Virginia Human Rights Commission is appropriate in this case to allow for investigation and conciliation of the handicap issue.
I.
A. The Facts
The complainant, Ms. Terrah Elynn Alfred, had been employed, as an assistant manager, by Chico Dairy Company (the “employer”) at its Chico Dairy Mart Store No. 22 in Fairmont, West Virginia. The complainant is blind in her left eye. That eye was removed when she was an infant to abate cancer. She wears a prosthesis, or artificial, replacement eye. The socket around that eye is somewhat sunken or hollow.
As the assistant manager of a Chico Dairy Mart the complainant’s duties included opening the store, getting the cash registers ready, preparing deposits, keeping track of inventory, ordering goods from vendors and dealing with customers and the vendors. The manager of a Chico Dairy Mart store performs essentially the same duties as the assistant manager and also has the final responsibility for running the affairs of the store, including supervising, hiring and firing subordinate personnel.
On each of two separate occasions, the first time in July, 1980 and the second time on July 24, 1981, a male, part-time clerk with a Chico Dairy Mart who had less experience than the complainant was promoted to store manager at her store, instead of the complainant. The complainant was at least as well qualified as the first of these men and undoubtedly better qualified than the second for the promotion to store manager.
The employer employed many women as managers of its various stores. One of these female store managers, a Ms. Van-dergrift, who had previously been the store manager at the complainant’s store, testified that the employer’s area supervisor, who is responsible for selecting store managers, told Ms. Vandergrift, in August, 1980, that the complainant would not be his choice for a store manager’s position because of the complainant’s noticeable “fa*241cial deformity.” According to Ms. Vander-grift, he also stated that it would not be wise to promote the complainant to the position of store manager, strictly on the basis of her physical appearance, because, in his opinion, the complainant’s “facial deformity” was not something a vendor or customer “would like to encounter.”1
After being “passed over” the second time for a promotion to the position of store manager, the complainant was so upset that she, on July 25, 1981, submitted her resignation from employment. Her resignation was effective on August 1, 1981.
B. Proceedings before the Commission
The complainant thereafter timely filed a complaint against the employer with the West Virginia Human Rights Commission (the “Commission”), alleging that her resignation was a constructive discharge based upon unlawful discrimination on account of her sex. Much later, but as soon as she learned from Ms. Vandergrift about the area supervisor’s statements concerning his opinion of the complainant’s physical appearance, the complainant amended her complaint to add an allegation of unlawful discrimination against her by the employer on account of her alleged “handicap,” expressly referring to the manner in which the employer regarded her physical appearance, not to her blindness in one eye. In her amended complaint the complainant stated that she was able to perform the job, and she did not mention any actual handicap for which the employer should have made reasonable accommodations.
After an evidentiary hearing, a hearing examiner for the Commission found that there had been no unlawful discrimination by the employer against the complainant on account of her sex. On the other hand, the hearing examiner found that there had been an unlawful discrimination by the employer against the complainant on account of her “handicap.” The “handicap” was, not her blindness in one eye, but the perception of the employer’s area supervisor that the complainant’s “facial deformity” was “unsavory and unacceptable” for a store manager who dealt with vendors and customers. It was this perception which was the reason that the complainant was not promoted to the position of store manager. The hearing examiner expressly found that the complainant’s “facial deformity” in no way affected her ability to perform the duties of a store manager in a satisfactory manner.
Having found an employment-related discrimination on account of what he believed was a “handicap,” the hearing examiner concluded that the employer had violated the West Virginia Human Rights Act.2 Ac*242cordingly, he awarded back pay and compensatory emotional damages (the latter in the amount of $1,000.00) and ordered the employer to rehire the complainant, with the additional requirement of placing her in the next available store manager’s position after some “refresher” training.
The Commission subsequently adopted the hearing examiner’s findings of fact and conclusions of law, except that the Commission ordered a recalculation of the amount of back pay. The parties later stipulated that the amount of back pay would be $49,228.70, if the conclusion that a violation had occurred was ultimately upheld.
C. Review by the Circuit Court
Upon appeal by the employer the Circuit Court of Kanawha County reversed and remanded. It held, inter alia, that the Commission’s finding of discrimination on account of a “handicap” was erroneous as a matter of law because the statute, W Va. Code, 5-ll-3(t) [1981], requires an actual, not merely a perceived, physical or mental impairment.3 The circuit court, concerned with procedural fairness to the employer, remanded the case for investigation and attempts at conciliation with respect to the statutorily defined “handicap” issue, for neither of those prehearing procedures had occurred on that issue; instead, the “perceived handicap” issue, due to the timing of the addition of that issue, was administratively handled initially at the evidentiary hearing.
The Commission and the complainant then prosecuted this appeal.
II.
A. The Commission’s Rule on Perceived Handicaps
According to W.Va.Code, 5-11-2 [1981], “[i]t is the public policy of the state of West Virginia to provide all of its citizens equal opportunity for employment, ... Equal opportunity in the area [ ] of employment ... is hereby declared to be a human right or civil right of all persons without regard to ... blindness or handicap.” Nonetheless, W.Va.Code, 5 — 11—3(i), as amended, provides that “[t]he term ‘unlawful discriminatory practices’ includes only those practices specified in section nine of this article[,]” referring to W. Va. Code, 5-11-9 [1981], see supra note 2 (emphasis added above to section 3(i)). The applicability of W.Va.Code, 5-11-9 [1981] with respect to a person with a “handicap” depends, in part, upon the definition of “handicap,” see supra note 3.
Effective formally on August 1,1982, the Commission promulgated so-called “interpretive rules” on discrimination against the handicapped. 6 W.Va.Code of State Rules §§ 77-1-1 to 77-1-7. Under § 77-1-2.1 of these rules the definition of “handicap” is exactly the same as the statutory definition, see supra note 3. In addition, however, another section, namely, § 77-1-2.7, of the Commission’s rules defines a “handicapped person” as one who: “(a) Has a handicap as defined above; (b) has a record of such handicap; or (c) is regarded as having such a handicap.” (emphasis added) Footnote number 8 to the rules (published therewith) states in pertinent part:
Like the definition of ‘Handicap,’ this definition of ‘Handicapped Person’ is based upon the definition of ‘Handicapped Person’ in The Rehabilitation Act of 1973, 29 U.S.C. § 706(7).
This regulation follows the federal [statutory] definition and expands upon the [West Virginia] statutory definition of ‘Handicap’ by including persons who are regarded as having a substantially limiting impairment and persons with a history of such impairment. This extension is necessary to make it clear that the law prohibits discrimination against *243persons who are incorrectly perceived as handicapped as well as persons who are correctly perceived as handicapped.
... [Discrimination against persons who are regarded as being substantially impaired even though they are not actually impaired is discrimination rooted in prejudices or mistaken ideas about the capacities of persons who are not physically or mentally normal.... Examples of discrimination against persons who are regarded as being substantially impaired include ... denial of employment to a person with a florid face on the mistaken assumption he or she has high blood pressure.
(emphasis added)4
The Commission views § 77-1-2.7 of its rules on discrimination against the handicapped as a reasonable “interpretive” rule which “relates back” to July 6, 1981, when the handicap provisions of the West Virginia Human Rights Act (the “Act”) became effective. This Court disagrees because this rule is a “legislative rule” and as such is invalid, not having been properly promulgated in accordance with statutory requirements. Moreover, this rule is invalid because it clearly enlarges the statutory definition of “handicap,” contrary to the obvious legislative intent.
B. Invalidity of Rule Under State Administrative Procedures Act
W.Va.Code, 5-ll-8(h) [1981] requires the Commission’s rules and regulations to be promulgated “in accordance with” W.Va.Code, 29A-3-1 to 29A-3-17, as amended, the rule-making article of the State Administrative Procedures Act. For our purposes here, the significance of that rule-making article is that it requires a state administrative agency to submit “legislative rules” to the legislative rule-making review committee for the committee’s and the full legislature’s approval thereof, in order for such rules to be effective.5
*244In defining terms, the State Administrative Procedures Act notes that “[ejvery [administrative] rule shall be classified as ‘legislative rule,’ ‘interpretive rule’ or ‘procedural rule,’ all as defined in this section, and shall be effective only as provided in this chapter[.]” W.Va.Code, 29A-1-2® [1982], An “interpretive rule” is one
which is not intended by the agency to be determinative of any issue affecting private rights, privileges or interests. An interpretive rule may not be relied upon to impose a civil or criminal sanction nor to regulate private conduct or the exercise of private rights or privileges nor to confer any right or privilege [not] provided by law and is not admissible in any administrative or judicial proceeding for such purpose, ... However, an interpretive rule is admissible for the purpose of showing that the prior conduct of a person was based on good faith reliance on such rule.
W. Va. Code, 29A-l-2(c) [1982]. In contrast, W.Va.Code, 29A-l-2(d) [1982] defines a “legislative rule” to include a
rule which, when promulgated after or pursuant to authorization of the legislature, has (1) the force of law, or (2) supplies a basis for the imposition of civil or criminal liability, or (3) grants or denies a specific benefit. Every rule which, when effective, is determinative on any issue affecting private rights, privileges or interests is a legislative rule. Unless lawfully promulgated as an emergency rule, a legislative rule is only a proposal by the agency and has no legal force or effect until promulgated by specific authorization of the legislature.
In the present case the Commission’s rule § 77-1-2.7 is a “legislative rule,” not an “interpretive rule.” It expressly extends the statutory definition of “handicap” so as to form a basis for the imposition of civil sanctions under the Act, as was done in this case; the rule confers a right not provided by law; and the rule affects private rights and purports to regulate private conduct.
This “legislative rule” was not, however, submitted to, reviewed by and approved by the legislative rule-making review committee and the legislature, as required by W.Va.Code, 29A-3-9 to 29A-3-14, as amended. It is, therefore, of no effect under the State Administrative Procedures Act.6
*245In contrast to the lack of legislative review of the state administrative rules here, the Supreme Court of the United States has observed that the federal administrative regulations implementing the Federal Rehabilitation Act of 1973,7 including the regulations implementing the tripartite definition of a “handicapped individual,” set forth in § 706(7)(B), see infra note 8, “were drafted with the oversight and approval of Congress[.]” School Board v. Arline, 480 U.S. 273, 279, 107 S.Ct. 1123, 1127, 94 L.Ed.2d 307, 316 (1987).
This Court holds that the rule of the West Virginia Human Rights Commission, 6 W.Va.Code of State Rules § 77-1-2.7 (1982), defining a “handicapped person,” for purposes of the West Virginia Human Rights Act, to include a person who does not in fact have a “handicap,” as defined by W.Va.Code, 5 — 11—3(t), as amended, but who is regarded as having such a handicap,” is invalid. That rule is a “legislative rule” under W.Va.Code, 29A-l-2(d), as amended, but was not submitted to the legislative rule-making review committee for its approval, as required by W. Va.Code, 29A-3-9 to 29A-3-14, as amended.
C. Invalidity of Rule Under Case Law
Those cases from other states holding discrimination based upon the mere perception of a handicap to be actionable under the state human rights law (or a similar law) fall into either of two categories, both of which are materially distinguishable from this case. The first category involves a state statute which tracks the federal statute.8 See, e.g., Kenall Manufacturing Co. v. Human Rights Commission, 152 Ill.App.3d 695, 702-03, 105 Ill. *246Dec. 520, 524-25, 504 N.E.2d 805, 809-10, petition for leave to appeal denied, 115 Ill.2d 542, 110 Ill.Dec. 457, 511 N.E.2d 429 (1987); City of La Crosse Police & Fire Commission v. Labor & Industry Review Commission, 139 Wis.2d 740, 755-65, 407 N.W.2d 510, 516-20 (1987) (analyzing five prior Wisconsin cases falling into the second category below).9
A second category of cases from other states involves a state statute which, unlike in West Virginia, does not define “handicap.” In these cases there was either: (1) a state’s administrative regulation identical or very similar to the federal statute’s tripartite definition of a “handicapped individual,” and the regulation, unlike here, was properly promulgated as within the state administrative agency’s broadly delegated power to promulgate rules and regulations having the force and effect of law without legislative review and approval; or (2) an administrative decision or judicial opinion supplying the definition of “handicap” not provided by the legislature. See, e.g., Kelley v. Bechtel Power Corp., 633 F.Supp. 927, 932-33 (S.D.Fla.1986) (applying Florida administrative decisions); Commonwealth, Pennsylvania State Police v. Commonwealth, Pennsylvania Human Relations Commission, 72 Pa.Cmwlth. 520, 523 n. 2, 526-30, 457 A.2d 584, 586 n. 2, 588-89 (1983) (applying valid administrative regulation); Barnes v. Washington Natural Gas Co., 22 Wash.App. 576, 591 P.2d 461 passim (1979) (applying valid administrative regulation). In the Pennsylvania State Police case, the court made this remark, which also applies here: “When the Commission adopted its regulations defining those key words [not defined, in that case,] in the statute [including, “handicapped or disabled person”], they were [it was] engaged in legislative, not interpreta-five, rule-making.” 72 Pa.Cmwlth. at 528, 457 A.2d at 589.
A case from another state which is virtually identical to the case now before us is Kirby v. Illinois Cent. G.R.R., 117 Ill. App.3d 1070, 73 Ill.Dec. 719, 454 N.E.2d 816 (1983). The complaint there was under the Illinois Equal Opportunities for the Handicapped Act (the “EOHA”), then in effect. The complainant in that case alleged an unlawful refusal to hire him on the basis that the potential employer “perceived” that the complainant had spina bifi-da, a back condition. The complaint did not allege any existing back condition which was a handicap, and, instead, alleged the complainant’s ability to perform the work in question. The statute prohibited unlawful employment discrimination because of an individual’s physical or mental handicap, defined by the statute, in relevant part, as “ ‘a handicap unrelated to one’s ability to perform jobs or positions available to him for hire or promotionf.]’ ” 117 Ill.App.3d at 1071, 73 Ill.Dec. at 721, 454 N.E.2d at 818.
The court in Kirby examined prior cases under the statute and held: “Plaintiff's theory that only the perception of a handicap need be alleged was previously rejected by” state precedents. “The EOHA does not provide a remedy to persons who are not in fact handicapped. The complaint under consideration did not state a cause of action under the Act.” Id. at 1074, 73 Ill.Dec. at 722, 454 N.E.2d at 819. Restating its holding, the court said: “We hold that pleading the existence of a handicap is a threshold requirement for stating a cause of action under the EOHA. Secondly, it is necessary to allege that the complained-of discriminatory employment practice occurred because of the perception of the handicap.” Id.
*247The complainant here likewise failed to allege and prove unlawful discrimination on account of an actual, existing “handicap,” defined by W.Va.Code, 5-ll-3(t), as amended, as “any physical or mental impairment which substantially limits one or more of an individual’s major life activities.” The complaint was not premised upon the fact that the complainant was blind in one eye but upon the fact that the socket around that eye was somewhat sunken or hollow and was regarded by the employer as “unsavory and unacceptable” for a store manager who dealt with vendors and customers. In short, the complaint in the present case, as in Kirby, alleges the unimpaired ability to do the work in question, as well as work in general, without any accommodations and was based upon the mere perception of a handicap by the employer, which is not actionable under the Act as written.
D. Invalidity of Rule Under West Virginia Human Rights Act
The definition of “handicap” under the West Virginia Human Rights Act, see supra note 3, is more restrictive than the federal definition of “handicapped individual,” see supra note 8. The West Virginia statute requires an actual, existing handicap. In obvious contrast, the federal statute, and the Commission’s rule taken verbatim therefrom, include — in addition to an actual, existing handicap — a past handicap and a perceived handicap. The West Virginia statute was enacted in 1981, after the tripartite definition was added to the federal statute in 1974. Nevertheless, the West Virginia statute does not use the federal definition. Accordingly, the Commission’s rule which makes discrimination based upon past or perceived handicaps to be actionable under the Act conflicts with the clear legislative intent.
This Court very recently decided another case involving the handicap provisions of the Act. In Ranger Fuel Corp. v. West Virginia Human Rights Commission, 180 W.Va. 260, 376 S.E.2d 154 (1988), the complainant had psoriatic lesions on her lower extremities which prevented her employment as a general underground miner in low coal, the job in question, but which did not substantially limit her major life activities. She did not, therefore, have a “handicap” under the definition set forth in W Va. Code, 5-ll-3(t), as amended. She was also not entitled to any relief under the rules of the Commission because those rules allow an employer to refuse to hire a “handicapped person” when, as in that case, a person’s handicap creates a reasonable probability of a materially enhanced risk of substantial harm to the handicapped person or to others.
In light of the fact in Ranger Fuel that the Commission’s rules on discrimination against handicapped persons supported a ruling favorable to the employer therein, we expressly did not decide the issue of whether the definition of a “handicapped person” contained in those rules was too broad. We did conclude, however, in syllabus point 4 of Ranger Fuel that:
Rules and Regulations of the West Virginia Human Rights Commission must faithfully reflect the intention of the legislature; when there is clear and unambiguous language in a statute, that language must be given the same clear and unambiguous force and effect in the Commission’s Rules and Regulations that it has in the statute.
This Court now decides the issue left open in Ranger Fuel and holds that the rule of the West Virginia Human Rights Commission, 6 W.Va.Code of State Rules § 77-1-2.7 (1982), defining a “handicapped person” to include a person who does not in fact have a “handicap,” as defined by W.Va.Code, 5-ll-3(t), as amended, but who “is regarded as having such a handicap,” is invalid because that rule clearly conflicts with the legislative intent by expressly enlarging upon the substantive rights created by the statute. It is an unlawful discriminatory practice under the West Virginia Human Rights Act for an employer to refuse to offer a job promotion to an employee on account of the person’s “handicap,” as defined by W.Va. Code, 5-ll-3(t), as amended. However, where a complainant never alleges, and the *248evidence does not indicate, that the discrimination was on account of the complainant’s “handicap,” as statutorily defined, but solely because the employer regarded the complainant’s physical appearance to be unacceptable, the conduct of the employer is not actionable under the clearly restrictive definition of “handicap” contained in the West Virginia Human Rights Act.
Our holding in this case is consistent with syllabus point 4 of State ex rel. Callaghan v. W. Va. Civil Service Commission, 166 W.Va. 117, 273 S.E.2d 72 (1980): “Procedures and rules properly promulgated by an administrative agency with authority to enforce a law will be upheld so long as they are reasonable and do not enlarge, amend or repeal substantive rights created by statute.” 10
III.
To protect the employer’s procedural rights, the circuit court ordered this case to be remanded to the Commission so that there could be an investigation and attempts at conciliation of the statutorily defined “handicap” issue, in light of the fact that neither of those prehearing procedures had occurred on that issue. There never was, however, a claim in this case of discrimination on account of an actual, existing handicap. It would, therefore, be inappropriate to remand this case to the Commission for development of a cause of action which the complainant never pursued. Cf. McJunkin Corp. v. West Virginia Human Rights Commission, 179 W.Va. 417, 423, 369 S.E.2d 720, 726 (1988) (not proper to hold employer guilty of an unlawful discriminatory act which had never been complained of by complainant). Accordingly, we reverse this ruling of the circuit court.
IV.
Based upon all of the above, we affirm the circuit court’s ruling that there was, as a matter of law, no violation of the Act as alleged in this case. On the other hand, we reverse the circuit court’s ruling that there should be a remand to the Commission in this case.
Affirmed in part; Reversed in part.
McGRAW, J., participated and concurred in the original decision of this case. After Justice McGraw’s departure from the Court, a petition for rehearing was filed. Upon petition for rehearing, the Court’s original opinion was modified and the petition for rehearing was denied by a majority of the Court; Justice McGraw took no part in the consideration or decision on rehearing.
WORKMAN, J., participated in the opinion as modified, dissenting, in part, and would have granted a rehearing.