Database Search Result Details
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First Name
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L. HENRY
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Last Name
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NEFFLEN
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Decision Date
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2/28/1989
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Docket Number
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DHS-88-068
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ALJ
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SK
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Respondent
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DEPARTMENT OF HUMAN SERVICES
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Employment Type
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STATE
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Job Title
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SOCIAL SERVICE WORKER
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Topics
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DISCRIMINATION/PREJUDICE
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Primary Issues
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Job assignments; Compensation
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Outcome
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DENIED
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Statutes
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29-6A-2(a); 29-6A-1, et. seq.
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Related Cases
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REED V. CORRECTIONS.
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Keywords
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Grievant is employed as a Social Service Worker III and alleges discrimination and prejudice in his job assignment. As a result of an agency-wide revision, grievant accepted a change in his caseload, from child protective service worker to foster care work. Grievant asserts that he has not received any merit increases since the reassignment and his request to attend a training seminar was denied. DECISION: Testimony establishes that grievant's co-workers did not receive merit raises and that the seminar grievant requested to attend was outside the subject area of his caseload. W.Va. Code, 29-6A-2(a) defines discrimination as differences in the treatment of employees unless such differences are related to the actual job responsibilities of the employees and agreed to in writing by the employees. DENIED; it is incumbent upon a grievant seeking relief to prove all the allegations constituting the grievance by a preponderance of the evidence.
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