Database Search Result Details
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First Name
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Amy
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Last Name
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Dillon
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Decision Date
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4/15/2019
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Docket Number
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2018-0244-DHHR
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ALJ
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RLR
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
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Employment Type
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STATE
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Job Title
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Office Assistant II
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Topics
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Demotion
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Primary Issues
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Whether Respondent met its burden of proof to establish that the accommodation provided to Grievant, which led to a demotion with prejudice, was reasonable and did not violate any law, rule or policy.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-11.4 (2012); W. Va. Code St. R. § 143-1-14.4.h.3
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Related Cases
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Gillespie v. W. Va. Dep’t of Corrections, 89-CORR-105 (Aug. 29, 1989); Dudley v. Bureau of Senior Services, Docket No. 01-BSS-092 (July 16, 2001); Prince v. Bd. of Trustees/W. Va. Univ., Docket No. [9]7-BOT-276 (Nov. 5, 1997); Keatley v. Mingo County Bd. of Educ., Docket No. 95-29-257 (Sept. 25, 1995)
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Keywords
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Demotion; Reassigned Duties; Salary Reduction; Job Classification
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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 an Office Assistant II, pay grade 5, with the Department of Health and Human Resources at Sharpe Hospital. Prior to the issues in this case, Grievant was employed as a Health Service Assistant, pay grade 7. Due to a medical condition, Respondent made a determination, based upon Grievant’s physician, that she could no longer engage in direct patient care as a Health Service Assistant. In an effort to accommodate Grievant’s condition to enable her to perform the essential functions of her job she was placed in another position that was a lower pay grade. This action by Respondent resulted in a demotion with prejudice. Respondent established by a preponderance of the evidence that this action was not in violation of any law, rule or policy and was not arbitrary and capricious. Accordingly, this grievance is denied.
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