Database Search Result Details
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First Name
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Mary
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Last Name
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Miller
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Decision Date
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5/24/2019
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Docket Number
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2018-1428-MrnED
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ALJ
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RLR
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Respondent
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Marion County Board of Education
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Employment Type
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SERV
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Job Title
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Special Education Aide
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Topics
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Discrimination
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Primary Issues
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Whether Grievant established a claim of discrimination by a preponderance of the evidence.
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Outcome
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Granted
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Statutes
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W. Va. Code § 6C-2-4(a)(1); W. Va. Code § 6C-2-2(d)
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Related Cases
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Higginbotham v. W. Va. Dep't of Pub. Safety, Docket No. 97-DPS-018 (Mar. 31, 1997); Seifert v. Hancock County Bd. of Educ., Docket No. 02-15-079 (July 17, 2002); Harvey v. W. Va. Bureau of Empl. Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998); Steele v. Wayne County Bd. of Educ., Docket No. 50-87-062-1 (Sept. 29, 1987); West Virginia Alcohol Beverage Control Admin. v. Scott, 205 W. Va. 398, 402, 518 S.E.2d 639, 643 (1999); Harmon v. Fayette County Bd. of Educ., Docket No. 98-10-111 (July 9, 1998); Frymier v. Higher Education Policy Comm., 655 S.E.2d 52 (2007)
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Keywords
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Timeliness; Discrimination; Return to Work; Restrictions
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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 6/12/19, CA # 19-AA-64 (Bloom); Reversed by Final Order 11/8/2019
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Supreme Court
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Grievant appealed Circuit Court Order 12/6/2019; Supreme Court No. 19-1109; Supreme Court Decision entered 12/7/2020; Circuit Court Order Reversing Affirmed
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Synopsis
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Grievant was employed by Respondent as a special education aide at East Fairmont High School. Grievant was absent from work for an injury that did not occur at work. Grievant learned that a similarly situated employee, who suffered an injury, was permitted to return to work with some restrictions. Grievant was not permitted to return to work with minor restrictions. Grievant was forced to use personnel leave as a result of Respondent’s action. Grievant established by a preponderance of the evidence that she was the victim of discrimination. Respondent is ordered to compensate or reinstate Grievant for the twenty-two days of personnel leave with cause (or sick) used as a result of her time away from work. Respondent’s argument that the grievance was not timely filed is without merit.
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