Database Search Result Details
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First Name
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Robert
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Last Name
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Hunter
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Decision Date
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5/23/2022
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Docket Number
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2019-1704-CONS
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ALJ
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LRB
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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
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Topics
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Discrimination
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Primary Issues
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Whether Grievant demonstrated that he was a victim of discrimination or favoritism.
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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
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Related Cases
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Frymier v. Higher Education Policy Comm., 655 S.E.2d 52 (2007); Bd. of Educ. v. White, 216 W.Va. 242, 605 S.E.2d 814 (2004); Chadock v. Div. of Corr., Docket No. 04 CORR 278 (Feb. 14, 2005); Baker v. Bd. of Trustees/W Va. Univ. at Parkersburg, Docket No. 97-BOT359 (Apr. 30, 1998)
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Keywords
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Discrimination; Favoritism; Policy; Transportation Worker Apprenticeship Program; 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 that he was subject to discriminatory treatment. Grievant, tended to focus and refocus allegations of wrong doings to the point of inconsequential and/or an inability to establish damages. Nevertheless, Grievant failed to meet his burden and demonstrate that Respondent’s highlighted actions were unlawful or detrimental to his positioning within the recognized workforce hierarchy. Grievant failed to establish by a preponderance of the evidence that Respondent or a responsible agent acted in violation of any statute, policy, or rule in the implementation of the Transportation Worker Apprenticeship Program. Grievant failed to demonstrate that he was the victim of discrimination. Respondent’s actions are not established to be impermissible, arbitrary and/or capricious. Accordingly, this grievance is DENIED.
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