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WEIMER v. SANDERS

Nos. 12-0477, 12-1506.

752 S.E.2d 398 (2013)

Theresa L. WEIMER, Plaintiff Below, Petitioner v. Thomas SANDERS, individually and in his official capacity; C.C. Lester, in his official capacity; and Pocahontas County Board of Education, Defendants Below, Respondents and Vicky Lou Hughes, Plaintiff Below, Petitioner v. West Virginia University, Jeanette Motsch and Mary Roberta "Bobbie" Brandt, Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 13, 2013.

Attorney(s) appearing for the Case

Roger D. Forman , Daniel T. Lattanzi , The Law Office of Roger D. Forman, L.C. Charleston, WV, for the Petitioner (Counsel in Case Number 12-0477).

Allan N. Karlin , Jane E. Peak , Allen N. Karlin & Associates, Morgantown, WV, for Amici Curiae, West Virginia Advocates, Inc.; The West Virginia Conference of Branches of the NAACP; WV Free; The Mountain State Bar Association; and American Civil Liberties Union of West Virginia (Counsel in Case Number 12-0477).

David M. Hammer , Hammer, Ferretti & Schiavoni, Martinsburg, WV, for Amicus Curiae, Employment Lawyers Association (Counsel in Case Number 12-0477).

Robert P. Martin , Michael W. Taylor , Bailey & Wyant, PLLC, Charleston, WV, for the Respondents (Counsel in Case Number 12-0477).

Patrick Morrisey , Attorney General, Jamie S. Alley , Senior Assistant Attorney General, Civil Rights Division, Charleston, WV, for Amicus Curiae, The West Virginia Human Rights Commission (Counsel in Case Number 12-0477).

Walt Auvil , Rusen & Auvil, PLLC, Parkersburg, WV, for the Petitioner (Counsel in Case Number 12-1506).

Monte L. Williams , Deva A. Solomon , Steptoe & Johnson PLLC, Morgantown, WV, for the Respondents (Counsel in Case Number 12-1506).

DAVIS, Justice:

These consolidated appeals submit the same legal issue for this Court's review: whether a circuit court action alleging violations of the West Virginia Human Rights Act, W. Va.Code § 5-11-1 et seq. ("WVHRA") is proper in the absence of the exhaustion of administrative remedies available pursuant to the West Virginia Public Employees Grievance Procedure, W. Va. Code § 6C-2-1 et seq. ("Grievance Procedure"). In these combined...

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