Database Search Result Details

First Name James
Last Name Williams
Decision Date 7/26/2023
Docket Number 2023-0571-CONS
ALJ BTC
Respondent Department of Health and Human Resources/Jackie Withrow Hos
Employment Type STATE
Job Title Maintenance Worker
Topics Disciplinary; Reprisal
Primary Issues Whether Respondent was justified in terminating Grievant for sexually harassing coworkers after he was previously suspended for the same behavior; whether the termination was retaliatory; whether termination was disproportionate to Grievant's actions and should be subject to mitigation; and whether Grievant was denied due process.
Outcome Granted in part, denied in part
Statutes W.VA. CODE ST. R. § 156-1-3 (2018); W.VA. CODE § 6C-2-3(h); W.VA. CODE § 6C-2-2(o)
Related Cases Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); Syl. Pt. 1, Oakes v. W. Va. Dep't of Finance and Admin., 164 W. Va. 384, 264 S.E.2d 151 (1980); Guine v. Civil Serv. Comm'n, 149 W. Va. 461, 141 S.E.2d 364 (1965); See also W. VA. CODE ST. R. § 143-1-12.02 and 12.03 (2012); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Young v. Div. of Natural Res., Docket No. 2009-0540-DOC (Nov. 13, 2009); See also Clarke v. W. Va. Bd. of Regents, 166 W. Va. 702, 279 S.E.2d 169 (1981); Burchell v. Bd. of Trustees, Marshall Univ., Docket No. 97-BOT-011 (Aug. 29, 1997); Gunnells v. Logan County Bd. of Educ., Docket No. 97-23-055 (Dec. 9, 1997); Sinsel v. Harrison County Bd. of Educ., Docket No. 96-17-219 (Dec. 31, 1996); Seddon v. W. Va. Dep't of Health/Kanawha-Charleston Health Dep't, Docket No. 90-H-115 (June 8, 1990); Jones v. W. Va. Dept. of Health & Human Resources, Docket No. 96-HHR-371 (Oct. 30, 1996); Stamper v. W. Va. Dept. of Health & Human Resources, Docket No. 95-HHR-144 (Mar. 20, 1996); Womack v. Dept. of Admin., Docket No. 93-ADMN-430 (Mar. 30, 1994); Aglinsky v. Bd. of Trustees, Docket No. 97-BOT-256 (Oct. 27, 1997), aff’d, Monongalia Cnty. Cir. Ct. Docket No. 97-C-AP-96 (Dec. 7, 1999), appeal refused, W.Va. Sup Ct. App. Docket No. 001096 (July 6, 2000); Freeman v. Fayette Cty. Bd. of Educ., 215 W. Va. 272, 277, 599 S.E.2d 695, 700 (2004); Syl. Pt. 1, Brammer v. Human Rights Comm’n, 183 W. Va. 108, 394 S.E.2d 340 (1990); Syl. Pt. 10, Hanlon v. Chambers, 195 W. Va. 99, 464 S.E.2d 741 (1995)); Conner v. Barbour County Bd. of Educ., Docket No. 94-01-394 (Jan. 31, 1995), aff’d, Kanawha Cnty. Cir. Ct. Docket No. 95-AA-66 (May 1, 1996), appeal refused, W.Va. Sup. Ct. App. (Nov. 19, 1996); Overbee v. Dep't of Health and Human Resources/Welch Emergency Hosp., Docket No. 96-HHR-183 (Oct. 3, 1996); Olsen v. Kanawha County Bd. of Educ., Docket No. 02-20-380 (May 30, 2003), aff’d, Kanawha Cnty. Cir. Ct. Docket No. 03-AA-94 (Jan. 30, 2004), appeal refused, W.Va. Sup. Ct. App. Docket No. 041105 (Sept. 30, 2004); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994); Cooper v. Raleigh County Bd. of Educ., Docket No. 2014-0028-RalED (Apr. 30, 2014), aff’d, Kanawha Cnty. Cir. Ct. Docket No. 14-AA-54 (Jan. 16, 2015); Syl. Pt. 4, Waite v. Civil Serv. Comm'n, 161 W. Va. 154, 156, 241 S.E.2d 164, 166 (1977); Buskirk v. Civil Serv. Comm'n, 175 W. Va. 279, 283, 332 S.E.2d 579, 583 (1985) (per curiam); Syl. Pt. 3, Fraley v. Civil Serv. Comm'n, 177 W. Va. 729, 730, 356 S.E.2d 483, 484 (1987); White v. Barill, 210 W. Va. 320, 324, 557 S.E.2d 374, 378 (2001) (per curiam); Wines v. Jefferson Cty. Bd. of Educ., 213 W. Va. 379, 582 S.E.2d 826 (2003) (per curiam)
Keywords Termination; Retaliation; Back pay
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by Respondent at Jackie Withrow Hospital as a maintenance worker. Grievant’s employment was terminated for sexual harassment following a prior suspension for sexual harassment. Grievant denied the allegations, asserted the termination was retaliatory, and alternately argued mitigation of the punishment was warranted. Respondent proved Grievant sexually harassed two female coworkers and that termination of his employment was justified. Grievant failed to prove the termination was retaliatory or that mitigation of the punishment was warranted. Grievant proved his due process rights were violated. Grievant is entitled to nominal damages of one dollar for the due process violation. Accordingly, the grievance is granted, in part, and denied, in part.

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