Database Search Result Details
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First Name
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Bonita
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Last Name
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Bradshaw, et al.
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Decision Date
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10/25/2019
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Docket Number
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2018-2017-CONS
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ALJ
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RLR
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Respondent
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Offices of the Insurance Commissioner
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Employment Type
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STATE
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Job Title
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Various
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Topics
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Hostile workplace harassment
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Primary Issues
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Whether Grievants are subjected to a hostile work environment.
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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(l)
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Related Cases
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Sellers v. Wetzel County Bd. of Educ., Docket No. 97-52-183 (Sept. 30, 1997); Moreland v. Bd. of Trustees, Docket No. 96-BOT-462 (Aug. 29, 1997); Lanehart v. Logan County Bd. of Educ., Docket No. 97-23-088 (June 13, 1997)
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Keywords
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Hostile Workplace Harassment; Single Incident
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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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Grievants are employed by the Office of the Insurance Commissioner in the Workers’ Compensation Office of Judges in various capacities. What can only be described as an unfortunate event took place in their office on March 9, 2018. Intervenors and another employee tore down the signs and balloons welcoming back the Chief Administrative Law Judge which were placed in a common area by one of the Grievants. While unfortunate, it was a single occurrence by a co-worker. Grievants allege harassment. Hostile workplace harassment requires repeated and unwelcome mistreatment, and a single incident cannot be defined as harassment. The record did not support a finding that a hostile work environment existed given the totality of the circumstances. Accordingly, this grievance is denied.
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