Database Search Result Details
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First Name
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Kimberly
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Last Name
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Dailey
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Decision Date
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10/20/2023
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Docket Number
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2024-0004-DHHR
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Bureau for Public Health
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Employment Type
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State
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Job Title
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Topics
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Dismissed; Jurisdiction
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Primary Issues
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Whether the Grievance Board has jurisdiction to hear Grievant's discrimination claim.
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Outcome
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Dismissed
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Statutes
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W.VA. CODE ST. R. S 156-1-6.2 (2018). W. VA. CODE S 6C-2-2(i)(1)(2023). W. VA.CODE S 6C-2-2(i)(2)(B).
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Related Cases
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McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d 277 (2003)
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Keywords
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Dismiss; Jurisdiction; Human Rights Act
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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 the Department of Health and HumanResources within the Bureau for Public Health and filed this grievance alleging Respondent had discriminated against her due to her disability. The Grievance Board does not have jurisdiction to hear any matter relating to the protected classes set forth in the Human Rights Act. As disability is a protected class, the Grievance Board lacks jurisdiction in this matter. Accordingly, the grievance must be dismissed.
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