Database Search Result Details
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First Name
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Danny
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Last Name
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Lucas
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Decision Date
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2/26/2021
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Docket Number
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2019-0563-DOT
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ALJ
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WBM
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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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Transportation Worker 3, Equipment Operator
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Topics
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Hostile Work Environment
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Primary Issues
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Whether Grievant prove that he had been subjected to a hostile workplace.
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Outcome
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Denied
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Statutes
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Related Cases
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Broaddus et al. v. Dep’t of Health & Human Ser., Docket No. 89-DHS-606/607/608/609 (Aug, 31, 1990); Adkins v. Workforce W. Va. and Div. of Personnel, Docket No. 2009-1457-DOC (Oct. 13, 2009); Baker v. Dep’ of Health & Human Res., Docket No.2015-0422-DHHR (Aug. 22, 2016); Harris v. Forklift Systems, Inc., 510 U.S. 17, at 22, (1993); Rogers v. W. Va. Reg’l Jail & Corr. Facility Auth., Docket No. 2009-0685-MAPS (Apr. 23, 2009); 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)
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Keywords
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Hostile Work Environment; Temporary Upgrade
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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 that he was subjected to a hostile workplace when Respondent required him to take a temporary upgrade to a Crew Chief and completed paperwork related to the assignment is Grievant’s name. Respondent may occasionally and intermittently assign employees work outside their normal classification to help in areas of need. Grievant did not prove that Respondent was treating him improperly when he was assigned to a temporary upgrade, nor that Respondent was subjecting him to a hostile workplace.
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