Tammy L. Gilhuys v. Hardy County 911 Center (Separate Included)
23-759
W. Va.Jun 27, 2025Background
- Tammy Gilhuys, deputy director at Hardy County 911 Center, alleged she was discriminated against based on age and gender concerning raises.
- Gilhuys, a salaried administrative employee, claimed that her raises were less than those of younger and male dispatchers, but admitted during deposition she kept her position and received regular raises.
- Discovery included written responses and depositions; petitioner sought more discovery, including a second deposition of a Center representative.
- The Circuit Court granted summary judgment to the employer, finding Gilhuys failed to make a prima facie case of discrimination and failed to identify similarly situated comparators.
- The Intermediate Court of Appeals (ICA) affirmed the Circuit Court’s decision, and the Supreme Court of Appeals of West Virginia affirmed as well, applying employment discrimination burden-shifting frameworks.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Disparate raises based on age/gender in violation of WVHRA | Gilhuys claimed her lower raises were due to age/gender | Raises were based on role; no evidence of discrimination | No prima facie case; no genuine comparator or adverse action |
| Sufficiency of evidence/comparator requirement | Claimed dispatchers were proper comparators | Claimed roles not comparable; duties differ | Dispatchers not similarly situated to Gilhuys |
| Summary judgment before discovery complete | Additional discovery could reveal support | No evidence more discovery would change outcome | Summary judgment proper; no abuse of discretion |
| Court’s application of WVHRA and mixed motive theories | Court misunderstood Act and burden requirements | Applied McDonnell Douglas, found no evidence | Correct frameworks applied; no discrimination |
Key Cases Cited
- Conaway v. E. Associated Coal Corp., 178 W. Va. 164, 358 S.E.2d 423 (prima facie case of employment discrimination)
- Barefoot v. Sundale Nursing Home, 193 W. Va. 475, 457 S.E.2d 152 (inference standard for discrimination claims)
- Shepherdstown Volunteer Fire Dep’t v. State ex rel. State of W. Va. Hum. Rts. Comm’n, 172 W. Va. 627, 309 S.E.2d 342 (burden-shifting in WVHRA discrimination claims)
- Painter v. Peavy, 192 W. Va. 189, 451 S.E.2d 755 (standard for summary judgment)