Database Search Result Details
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First Name
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Robin
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Last Name
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Perdue
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Decision Date
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2/26/2021
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Docket Number
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2019-0674-DOT
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ALJ
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BTC
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Respondent
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Division of Motor Vehicles
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Employment Type
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STATE
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Job Title
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Administrative Services Assistant 1
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Topics
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Return to Work
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Primary Issues
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Whether Grievant failed to prove Respondent improperly denied her return to work due to her medical restrictions.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-14.4.h.1; W. Va. Code St. R. § 143-1-14.4.h.3; W. Va. Code § 6C-2-2(d)
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Related Cases
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Perdue v. Div. of Motor Vehicles, Docket No. 2018-0421-DOT (Jan. 30, 2019)
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Keywords
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Return to Work; Job Duties; Medical Restrictions; Temporary Assignment; Discrimination
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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, Division of Motor Vehicles, as an Administrative Services Assistant 1. Grievant suffered from a medical condition that restricted her ability to work. Respondent initially accommodated Grievant’s medical restrictions through providing transitional employment for a year but were unable to continue to accommodate Grievant’s restrictions after Grievant developed additional restrictions. Grievant failed to prove Respondent discriminated against her as she is not similarly situated to the employees with whom she compares herself. Grievant failed to prove Respondent improperly denied her return to work due to her medical restrictions. Accordingly, the grievance is denied.
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