Database Search Result Details

First Name Marcia
Last Name Booker
Decision Date 12/8/2022
Docket Number 2022-0701-DOA
ALJ CHL
Respondent Public Employees Insurance Agency
Employment Type STATE
Job Title CSR - II
Topics Discrimination
Primary Issues Whether Grievant proved her claims of discrimination by a preponderance of the evidence.
Outcome Denied
Statutes W. Va. Code St. R. § 156-1-3 (2018); W. Va. Code § 6C-2-2(d)
Related Cases Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994); Frymier v. Higher Education Policy Comm., 655 S.E.2d 52, 221 W. Va. 306 (2007); Harris v. Dep’t of Transp., Docket No. 2008-1594-DOT (Dec. 15, 2008); Vest v. Board of Educ., 193 W. Va. 222, 225, 455 S.E.2d 781,784 (1995); Baker v. Bd. of Trs./W. Va. Univ. at Parkersburg, Docket No. 97-BOT-359 (Apr. 30, 1998); Harrison v. W. Va. Bd. of Drs./Bluefield State Coll., Docket No. 93-BOD-400 (Apr. 11, 1995)
Keywords Discrimination; Technological; Computer; Resolution; Performance; OT; Persistent; Error; Evaluation; EPA
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant is employed by Respondent as a Customer Service Representative II. Grievant asserts that Respondent has discriminated against her by causing her to experience persistent technological problems that hamper her ability to perform her job duties, and by failing to correct those problems. Respondent denies all of Grievant’s claims and asserts that it has taken all reasonable steps to resolve the technological problems that Grievant is experiencing. Grievant failed to prove her claims by a preponderance of the evidence. Therefore, the grievance is DENIED.

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