Vest v. Bd. of Educ. of Cty. of Nicholas
In Vest v. Bd. of Educ. of Cty. of Nicholas, 193 W.Va. 222, 226, 455 S.E.2d 781, 785 (1995), the Court recognized that the issues involved in a claim under W.Va. Code 18-29-2 and the Human Rights Act are not identical.
The Court explained: a "discrimination" claim under W.Va. Code, 18-29-2(m), only need establish that the adverse employment decision was neither job related nor agreed to by the employees. Section 2(m) imposes no requirement for proving that the "discrimination" was caused by an illicit motive or was the result of discriminatory policy having a disparate impact, as would be the case under the Human Rights Act. Id.