Database Search Result Details
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First Name
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Reza
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Last Name
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Miri
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Decision Date
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11/12/2019
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Docket Number
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2019-0851-DOT
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ALJ
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JSF
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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TRET SR
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Topics
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Discrimination
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Primary Issues
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Whether Grievant proved by a preponderance of evidence that Respondent discriminated against him.
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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); W. Va. Code, § 5–11–1; W. Va. Code, 18–29–2
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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); Vest v. The Board of Education of the County of Nicholas, 193 W.Va. 222, 225, 455 S.E.2d 781, 784 (1995); Connor v. Barbour County Board of Education, No. 93-01-154 (1994); Moore v. W.Va. Dep't of Health and Human Res./Div. of Personnel, Docket No. 94-HHR-126 (Aug. 26, 1994); Kyle v. W. Va. State Bd. of Rehab., Docket No. VR-88-006 (Mar. 28, 1989)
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Keywords
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Discretionary Pay Raise; Certification; Job Responsibilities; Discrimination; 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 is employed by Respondent as a Transportation Engineering Technician Senior (TRETSR). Grievant alleges that Respondent discriminated against him due to his Iranian national origin, which included failing to pay him as much as coworkers in his position and not reprimanding a coworker who made a bigoted statement towards him. He requests fair compensation and an end to discrimination and favoritism. Grievant did not prove that Respondent discriminated against him or showed favoritism to coworkers. Accordingly, this grievance is DENIED.
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