details - Public Grievance Board

First Name	John
Last Name	Kearney
Decision Date	6/13/2016
Docket Number	2016-0353-DEP
ALJ	BTC
Respondent	Department of Environmental Protection
Employment Type	STATE
Job Title	Environmental Resource Analyst
Topics	Harassment
Primary Issues	Whether Grievant’s due process rights were violated.
Outcome	Denied
Statutes
Related Cases	Lanehart v. Logan County Bd. of Educ., Docket No. 97-23-088 (June 13, 1997); Harris v. Forklift Systems, Inc., 510 U.S. 17, at 22, (1993); Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75 (1998); Rogers v. W. Va. Reg’l Jail & Corr. Facility Auth., Docket No. 2009-0685-MAPS (Apr. 23, 2009); Napier v. Stratton, 204 W. Va. 415, 513 S.E.2d 463, 467 (1998); Hanlon v. Chambers, 195 W. Va. 99, 464 S.E.2d 741 (1995); Corley, et al., v. Workforce West Virginia, Docket No. 06-BEP-079 (Nov. 30, 2006); Graley v. W. Va. Parkways Economic Dev. and Tourism Auth., Docket No. 99-PEDTA-406 (Oct. 31, 2000); Waite v. Civil Serv. Comm'n, 161 W. Va. 154, 241 S.E.2d 164 (1978); Cleveland Board of Education v. Loudermill, 470 U.S. 532, 546 (1985)
Keywords	Nondiscriminatory Hostile Workplace Harassment; Insubordination; Inappropriate Behavior; Due Process
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant is employed by Respondent as an Environmental Resource Analyst in the Office of Oil and Gas. Grievant was suspended for five days for insubordination and nondiscriminatory hostile workplace harassment for two confrontations with his supervisor in in two-day period. Grievant asserted that Respondent did not have good cause to suspend him and that his due process rights had been violated. Respondent proved Grievant was insubordinate and inappropriate, which justified his suspension for five days, but did not prove that Grievant’s conduct was nondiscriminatory hostile workplace harassment. Grievant’s due process rights were not violated. Accordingly, the grievance is denied.

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