Jamey Little v. West Virginia Adjutant General

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In this case, Plaintiff was a firefighter employed by the Adjutant General and was a member of the National Guard when he was first hired. The National Guard later discharged Plaintiff based upon a mental disability. The Adjutant General then discharged Plaintiff as a firefighter, based upon W. Va. Code §15-1B-26, because he was no longer a member of the National Guard. Under these facts, is the Adjutant General's reliance on W.Va. Code §15-1B-26 a complete defense to Plaintiff's claim that he was discriminated against by the Adjutant General in violation of the West Virginia Human Rights Act, unless the Plaintiff falls within the exception to the requirement of military membership in the "grandfather clause" contained in the Statute?