General Motors Corp. v. Smith

Hubert J. Smith, Appellant, contests the final order of the Circuit Court of Kanawha County ruling that his disability discrimination claim under the State Human Rights Act against General Motors Corporation (hereafter “GM”), Appellee, is preempted by both the federal Labor Management Relations Act and the federal Employee Retirement Income Security Act, and fails to meet the statutory definition of “unlawful discrimination.” After careful consideration of the issues raised herein, we reverse.

I

FACTS

While this case involves a dispute over a disability retirement, it is not a case of a…