Database Search Result Details
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First Name
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Logan
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Last Name
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Lamarine
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Decision Date
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2/8/2024
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Docket Number
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2024-0010-SU
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ALJ
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BTC
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Respondent
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Shepherd University
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Employment Type
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HE
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Job Title
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Groundskeeper
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Topics
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Dismissal--lack of jurisdiction
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Primary Issues
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Whether the Grievance Board has jurisdiction to hear claims of discrimination based on age and/or disability.
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Outcome
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Dismissed
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Statutes
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W.VA. CODE ST. R. § 156-1-6.2 (2018); W. VA. CODE § 6C-2-1(a); W. VA. CODE § 6C-2-2(i)(2)(B)
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Related Cases
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Syl. Pt. 4, McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d 277 (2003) (citing Syl. Pt. 3, Mountaineer Disposal Service, Inc. v. Dyer, 156 W. Va. 766, 197 S.E.2d 111 (1973))
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Keywords
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Jurisdiction
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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 Shepherd University and filed this grievance alleging Respondent had discriminated against him due to his age and 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 age and disability are protected classes, the Grievance Board lacks jurisdiction in this matter. Accordingly, the grievance must be dismissed.
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