Database Search Result Details
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First Name
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Paula
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Last Name
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Cunningham
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Decision Date
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5/1/2018
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Docket Number
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2017-2002-DOT
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ALJ
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SLB
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Respondent
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Division of Motor Vehicles
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Employment Type
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STATE
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Job Title
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Customer Service Representative
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Topics
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Selection
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Primary Issues
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Whether Grievant demonstrated that there was a significant flaw in the selection process.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-2(d)
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Related Cases
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Unrue v. W.Va. Div. of Highways, Docket No. 95-DOH-287 (Jan. 22, 1996); Thibault v. Div. of Rehabilitation Serv., Docket No. 93-RS-489 (July 29, 1994); Hopkins v. Monroe County Bd. of Educ., Docket No. 95-31-477 (Fed. 21, 1996); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001); Pullen v. Dep’t of Transp., Docket No. 06-DOH-121 (Aug. 2, 2006)
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Keywords
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Selection; Most Qualified Candidate; Managerial Experience; Interview Process; Interview Questionnaire; Discrimination; Arbitrary or Capricious
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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 a Customer Service Representative in the DMV. She timely applied for the Transportation Services Manager I (“TSM I”) position in the Department of Motor Vehicles (“DMV”). Grievant alleges that the selection process was significantly flawed, so as to affect the outcome of the selection process, that she was more qualified than the candidate selected, and that Respondent discriminated against her in the hiring process. Respondent maintains that it legitimately considered personality traits, as well as the length of managerial experience of the candidates, both of which reasonably qualified the other individual over Grievant for a managerial position. Grievant failed to prove any violations, unlawful conduct, or discrimination by Respondent and, likewise, failed to demonstrate that Respondent’s selection was arbitrary or capricious.
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