Database Search Result Details
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First Name
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Diane
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Last Name
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Blankenship
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Decision Date
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8/13/2019
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Docket Number
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2017-2370-DHHR
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Mildred Mitchell-Bateman Hospital
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Employment Type
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STATE
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Job Title
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Account Tech III
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Topics
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Favoritism; Discrimination
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Primary Issues
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Whether Grievant proved that she was the victim of discrimination or favoritism.
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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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Ball v. Dep't of Transp., Docket No. 96-DOH-141 (July 31, 1997); Mickles v. Dep’t of Envtl. Prot., Docket No. 06-DEP-320 (Mar. 30, 2007), aff’d, Fayette Cnty. Cir. Ct. Docket No. 07-AA-1 (Feb. 13. 2008); Adams v. Reg’l Jail & Corr. Facility Auth., Docket No. 06-RJA-147 (Sept. 29, 2006); Miller v. Kanawha County Bd. of Educ., Docket No. 05-20-252 (Sept. 28, 2005)
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Keywords
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Favoritism; Discrimination; Overtime; Policy; Job Duties
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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 as an Accounting Technician 3. Grievant asserts nepotism, favoritism, and discrimination by Respondent’s Chief Financial Officer. The issue of nepotism is moot as the employee at issue is no longer employed by Respondent. Grievant failed to prove she was the victim of discrimination or favoritism as Grievant failed to prove she and the compared employee were similarly situated. Accordingly, the grievance is denied.
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