Database Search Result Details
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First Name
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Debora
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Last Name
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Pigman
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Decision Date
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6/3/2020
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Docket Number
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2018-1478-CONS
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ALJ
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WBM
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Respondent
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Department of Health and Human Resources/Bureau for Children and Families
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Employment Type
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STATE
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Job Title
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CPS Crisis Worker
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Topics
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Selection
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Primary Issues
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Whether Grievant proved by a preponderance of the evidence that her non-selection was arbitrary and capricious.
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Outcome
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Granted/Denied
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Statutes
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156 C.S.R. 1 § 6.11
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Related Cases
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Lanehart v. Logan County Bd. of Educ., Docket No. 97-23-088 (June 13, 1997); Napier v. Stratton, 204 W. Va. 415, 513 S.E.2d 463, 467 (1998); Hanlon v. Chambers, 195 W. Va. 99, 464 S.E.2d 741 (1995); Dooley v. Dep’t of Transp., Docket No. 94-DOH-255 (Nov. 30, 1994); Fairmont Specialty Servs., v. W. Va. Human Rights Comm’n, 206 W. Va. 86, 522 S.E.2d 180 (1999); Thibault v. Div. of Rehab. Serv., Docket No. 93-RS-489 (July 29, 1994); Workman v. Div. of Corr., Docket No. 04-CORR-384 (Feb. 28, 2005); McCumbers and Pigman v. Dep’t of Health and Human Res., Docket No. 2019-1226-CONS (April 2, 2020)
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Keywords
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Selection; Supervisory Experience; Hostile Work Environment; 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 alleges in her consolidated claims that she has been subjected to a hostile work environment, was improperly passed over for a supervisor position, was subject to reprisal for filing a grievance and an inaccurate performance evaluation. Grievant did not prove that the actions of Supervisor White constituted a hostile work environment. Additionally, since Ms. White is no longer Grievant’s supervisor that claim is largely moot.
Grievant did not prove that the hiring procedure was flawed or the decision regarding the successful applicant was arbitrary and capricious. Grievant did prove that she was subjected to reprisal which resulted in her receiving poor evaluations.
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