The default position is no mandate.
There is no mandate law nor should there be. Their "whims" aren't law.
The plain reality is that WVU was going to fire employees. The only protection that employees currently have is Title VII and the ADA.
Both of those have work arounds for employers who are adamant about imposing mandates.
State laws like this, especially a check-the-box, version like this, are much more difficult for employers to weasel out of.
Winning this battle and then moving forward is the correct move, rather than throwing the baby out with the bathwater.