Database Search Result Details
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First Name
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Tammy
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Last Name
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Dewitt
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Decision Date
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7/6/2018
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Docket Number
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2017-2082-DHHR
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ALJ
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JSF
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Respondent
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Department of Health and Human Resources/Bureau for Children and Families
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Employment Type
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STATE
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Job Title
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APS Social Service Worker II
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Topics
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Salary
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Primary Issues
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Whether Grievant proved that she is entitled to be paid the same salary as a coworker. Whether Respondent discriminated against Grievant.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. §143-1-5.1; W. Va. Code § 6C-2-2(d); W. Va. Code § 29-6-10
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Related Cases
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Hammond v. W. Va. Dep't of Transportation, Div. of Highways & the Div. of Personnel, 229 W.Va. 108, 727 S.E.2d 652, 655 (2012); Lisa Driscoll v. Dept. of Health & Human Res./Bur. for Children & Families & Div. of Personnel, Docket No. 2017-2148-DHHR (April 19, 2018); Vest v. The Bd. of Educ. of the County of Nicholas, 193 W.Va. 222, 225 (1995); Frymier v. Higher Educ. Policy Comm’n, 655 S.E.2d 52, 221 W. Va. 306 (2007); Largent v. W. Va. Div. of Health & Div. of Personnel, 192 W. Va. 239, 452 S.E. 2d 42, Syl. Pt. 4 (1994)
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Keywords
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Salary; Job Duties; Classification; Discrimination; Equal Pay for Equal Work
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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 by Respondent in a Social Service Worker 2 position in the Adult Protective Service Unit. Grievant and coworker perform the same job duties in the same job classification. Yet Respondent pays Grievant’s coworker more than Grievant. Grievant filed a grievance against Respondent which alleges that Respondent is discriminating against Grievant by paying coworker more than Grievant and that Grievant is entitled to equal pay for equal work in conjunction with the Administrative Rule of the West Virginia Division of Personnel, W.Va. Code St. R. §143-1-5.1. However, Grievant did not prove by a preponderance of the evidence either that she was entitled to be paid the same salary as her coworker or that Respondent had discriminated against her. Therefore, the grievance is denied.
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