Weimer v. Sanders (Signed Opinion)Annotate this Case
Petitioners in these combined cases were former public employees who filed actions in the circuit court alleging violations of the West Virginia Human Rights Act (WVHRA). The circuit courts dismissed the complaints for Petitioners' failures to exhaust their administrative remedies, concluding that the exhaustion of administrative remedies available pursuant to the West Virginia Public Employees Grievance Procedure was a necessary precondition to the filing of a circuit court action. The Supreme Court reversed the rulings of the circuit courts, holding (1) a public employee, whose employment confers grievance rights before the West Virginia Public Employees Grievance Board, is not required to exhaust the administrative Grievance Procedure before initiating a complaint in the circuit court alleging violations of the WVHRA; and (2) the commencement of the Grievance Procedure does not preclude the institution of a circuit court action prior to exhaustion of the Grievance Procedure. Remanded.