Database Search Result Details
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First Name
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Donald
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Last Name
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Walker
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Decision Date
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9/12/2019
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Docket Number
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2019-0358-PSC
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ALJ
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RLR
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Respondent
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Public Service Commission
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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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Salary
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Primary Issues
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Whether Grievant met his burden of proof and demonstrated that he was the victim of discrimination or that he is entitled to an increase in pay.
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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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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); Largent v. West Virginia Division of Health, 192 W. Va. 239, 452 S.E.2d 42 (1994); White, et al. v. W. Va. State Police and Div. of Personnel, Docket No. 05-DPS-168 (July 28, 2005); Thewes and Thompson v. Dep’t of Health and Human Resources/Pinecrest Hosp., Docket No. 02-HHR-366 (Sept. 18, 2003)
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Keywords
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Salary; Pay; Discrimination; Pay Grade; 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 by Respondent as a Technical Analyst. Grievant seeks an increase in salary under a claim of discrimination and, generally, pursuant to a claim of equal pay for equal work. The record did not support a finding that Grievant was the victim of discrimination. Under applicable law, it is not considered discriminatory for employees in the same classification to be paid different salaries. The record did not support a finding that Grievant was entitled to an increase in pay under the applicable pay policy.
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