DIANA L SARAZEN, Complainant

HEALTHCARE SERVICES GROUP INC, Respondent

On February 19, 2008, the complainant filed a complaint alleging that she was denied hire based upon her arrest record, in violation of the Wisconsin Fair Employment Act. The complaint provided as the respondent name "Cornell Care Center or Healthcare Services Group, Inc." located at 320 N. 7th St., Cornell, WI 54732.

On March 5, 2008, an Equal Rights Officer (hereinafter "ERO") from the Equal Rights Division sent the complainant a form letter indicating that additional information was needed to process her complaint. The ERO specified that the complainant could name only one respondent and speculated that the proper respondent was Cornell Care Center. The complainant submitted a written response in which she explained that Health Care Services Group Inc. has an office at Cornell Care Center and is the actual hiring agency at issue.

On March 24, 2008, a different ERO sent a copy of the complaint to the respondent and directed it to submit a position letter responding to the complaint within thirty days. While the cover letter indicates that the complaint was sent to Health Care Services Group, it is not known what employer name appeared on the envelope. No position letter was submitted.

On May 2, 2008, the ERO sent a certified letter written to "Healthcare Services Group, Inc. d/b/a Cornell Area Care Center," indicating that unless the respondent submitted a written response to the complainant's complaint by May 12, 2008, an initial determination would be issued based on the information in the file. The return receipt card indicates that the article was addressed to Cornell Area Care Center at 320 North Seventh St. and was signed for by an individual named Shelly Jerome. The return receipt card does not reference Healthcare Services Group, Inc., and it is unclear whether it was received by the respondent. No response to the complaint was submitted.

On May 28, 2008, based solely on the information provided by the complainant, the department issued an initial determination finding probable cause. The initial determination indicates that the respondent is "Extendicare d/b/a Cornell Area Care Center" located at 320 North Seventh Street.

The matter was certified for hearing and on August 12, 2008, a hearing notice was sent to "Extendicare d/b/a Cornell Area Care Center," at 320 North Seventh Street. The hearing was held on December 4, 2008, and the respondent did not appear. On December 17, 2008, the administrative law judge issued a finding of discrimination and ordered back pay.

In a timely petition for commission review filed by the regional manager of Healthcare Services Group, Inc., the respondent contends that the wrong employer was named. It explains that the complainant was never seeking employment at Extendicare, but was seeking employment from Healthcare Services Group, Inc., a contractor of housekeeping and laundry services at the Cornell Care Center. The respondent indicates that Healthcare Services is a completely separate organization from Extendicare, although both operate in the Cornell Care Center facility. The respondent claims that Healthcare Services Group was "at no time contacted or notified about this case and was never given a chance to respond with what it deems to be the facts of the case." It states that it did not receive the decision until December 29, 2008, when the decision was faxed to it by the administrator of the Cornell Care Center, who is an employee of Extendicare. The respondent requests that the case be reopened for further review.

There is no dispute but that the respondent did not receive a copy of the initial determination or the hearing notice, both of which were, inexplicably, sent to Extendicare, a separate employing unit located at the same address. The respondent clearly had good cause for failing to appear at the hearing under these circumstances, and the administrative law judge's decision must be set aside so that the respondent will have an opportunity to appear at the hearing and present its case before liability may be assessed.

Dated and mailed March 31, 2009
sarazdi . rpr : 164 : 9

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

Ann L. Crump, Commissioner

cc:
Mr. Keith Dahlke, Regional Manager
Healthcare Services Group, Inc.

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uploaded 2009/04/02