Database Search Result Details
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First Name
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Debra
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Last Name
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Persinger
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Decision Date
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3/17/2021
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Docket Number
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2019-1218-DHHR
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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 Child Support Enforcement
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Employment Type
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STATE
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Job Title
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Office Assistant 3
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Topics
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Selection
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Primary Issues
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Whether Respondent's selection decision was arbitrary and capricious.
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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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Thibault v. Div. of Rehabilitation Serv., Docket No. 93-RS-489 (July 29, 1994); Mihaliak v. Div. of Rehab. Serv., Docket No. 98-RS-126 (Aug. 3, 1998); Underwood v. Dep’t of Health & Human Res., Docket No. 2012-0237-DHHR (Dec. 6, 2013); Workman v. Div. of Corr., Docket No. 04-CORR-384 (Feb. 28, 2005); Delauder v. Dep't of Health & Human Res., Docket No. 07-HHR-326 (Jan. 28, 2009)
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Keywords
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Selection; Qualifications; 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 argues that Respondent improperly hired another employee for a paralegal position when Grievant was the most qualified applicant. She specifically argued that Respondent placed too much emphasis on the interview, did not give her enough credit for prior experience, and the decision was arbitrary and capricious. Respondent demonstrated that it followed a structured interview procedure encouraged in its policy and considered factors which were appropriately related to the vacant position and the qualifications of the candidates. Grievant did not prove that the selection decision was arbitrary and capricious.
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