W.Va. Justices Won't Make Nurse Arbitrate Harassment Suit

Law360 (June 3, 2021, 7:10 PM EDT) -- West Virginia's highest court ruled that a nurse doesn't have to arbitrate her sexual harassment suit against the state health department, adding that the agency can't escape the claims by arguing that a supervisor named in the case didn't receive notice about the allegations.

The five-justice court on Wednesday found the West Virginia Department of Health and Human Resources couldn't force Rene Denise to arbitrate her claims because it isn't a party to the arbitration agreement it's trying to enforce.

The decision upheld a June 2020 ruling from a state trial court that found that a consultant employment agreement Denise signed...

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