Database Search Result Details
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First Name
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Talal
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Last Name
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Fathallah
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Decision Date
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4/30/2019
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Docket Number
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2018-0433-DEP
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ALJ
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WBM
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Respondent
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Department of Environmental Protection/Division of Water and Waste Management
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Employment Type
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STATE
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Job Title
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Technical Analyst
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Topics
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Selection
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Primary Issues
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Whether Grievant that the selection of the most qualified candidate was arbitrary or capricious.
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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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Thibault v. Div. of Rehabilitation Serv., Docket No. 93-RS-489 (July 29, 1994); Mihaliak v. Div. of Rehab. Serv., Docket No. 98-RS-126 (Aug. 3, 1998); Baker v. Bd. of Trustees/W. Va. Univ. at Parkersburg, Docket No. 97-BOT-359 (Apr. 30, 1998); Harrison v. W. Va. Bd. of Directors/Bluefield State College, Docket No. 93-BOD-400 (Apr. 11, 1995); Frymier v. Higher Education Policy Comm’n, 655 S.E.2d 52, 221 W. Va. 306 (2007); Harris v. Dep’t of Transp., Docket No. 2008 1594 DOT (Dec. 15, 2008)
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Keywords
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Selection; Discrimination; Qualifications; Arbitrary and 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 applied for a Position in the Environmental Resources Program Manager 2 classification in the DWWM Program Support subdivision. Grievant is a valued employee and met the minimum qualifications for the position. Respondent picked a different applicant for the position. Grievant claims that he was the most qualified candidate and Respondent’s selection decision was improper. Grievant also claims that he was subjected to discrimination and favoritism. Respondent demonstrated that the standard hiring procedure was followed reasonably explained the committee’s recommendation and selection of a different applicant. Grievant did not prove by a preponderance of the evidence that the actions of Respondent were unlawful or arbitrary and capricious. Grievant did not prove that he was treated any differently than other employees in the hiring process for this position.
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