Database Search Result Details
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First Name
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Dottie
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Last Name
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Hatfield
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Decision Date
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2/5/2019
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Docket Number
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2018-0648-DHHR
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ALJ
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WBM
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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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Economic Service Worker
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Topics
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Hostile Work Environment; Reprisal
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Primary Issues
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Whether Grievant claims that she has been subjected to sexual harassment and a hostile workplace.
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Outcome
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Granted/Denied
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Statutes
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W. Va. Code § 6C-2-2(o); W. Va. Code § 6C-2-3 (h)
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Related Cases
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Faragher v. City of Boca Raton, 524 U.S. 775, 787, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998); White v. Monongalia County Bd. of Educ., Docket No. 93-30-371 (March 31, 1994); Dunlap v. Dep’t of Environmental Protection, Docket No. 2008-0808-DEP (Mar. 10, 2009); Carper v. Clay County Health Dep’t, Docket No. 2012-0235-ClaCH (July 15, 2013); Cook v. Div. of Natural Res., Docket No. 2009-0875-DOC (Jan. 22, 2010); Vance v. Jefferson County Bd. of Educ., Docket No. 02-19-272 (Oct. 31, 2002); Wiley v. Div. of Natural Res., Docket No. 96-DNR-515 (Mar. 26, 1988); Linger v. Dep’t of Health & Human Res., Docket No. 2010-1490-CONS (Dec. 5. 2012); Fonville v. DHHS, 30 MSPR 351 (1986) (citing Glover v. DHEW, 1 MSPR 660 (1980)
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Keywords
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Sexual Harassment; Hostile Work Environment; Moot; Remedy; Reprisal; Protected Activity
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Kanawha County Circuit Court on 3/21/19, Civil Action No. 19-AA-25; Judge Salango; Final Order 3/9/2020; Affirmed
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Supreme Court
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Synopsis
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Grievant claims that she has been subjected to sexual harassment and a hostile workplace. Grievant also alleges that she has been subjected to reprisal as a result of filing a grievance and EEO complaint. Because of intervening events there is no longer a remedy for Grievant’s sexual hostile workplace claim. Grievant proves that she has been subjected to reprisal in one specific respect. The sexual harassment claim is DISMISSED and the grievance is GRANTED in part and DENIED in part.
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