Database Search Result Details
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First Name
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Anthony
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Last Name
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Ward
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Decision Date
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3/29/2024
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Docket Number
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2024-0393-DOR
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ALJ
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BTC
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Respondent
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Alcohol Beverage Control Commission
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Employment Type
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STATE
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Job Title
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Regulatory License Specialist 1
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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 matters involving discrimination on the basis of sex 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 ST. R. § 156-1-6.19; W. VA. CODE ST. R. § 156-1-6.19.2; W. VA. CODE § 6C-2-1(a); W. VA. CODE § 6C-2-2(i)(1) (2023); W. VA. CODE § 6C-2-2(i)(2)(B); §5-11-2 et seq.
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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 was employed by Alcohol Beverage Control Administration and filed this grievance against Respondent alleging violation of the Americans with Disabilities Act and discrimination against him due to his gender 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 sex and disability are protected classes, the Grievance Board lacks jurisdiction in this matter. Accordingly, the grievance must be dismissed.
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