STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)


ROBERT LUCKETT JR, Complainant

HOUSING AUTHORITY OF THE CITY OF MILWAUKEE, Respondent

FAIR EMPLOYMENT DECISION
ERD Case No. 199451331, EEOC Case No. 94G941162


An administrative law judge (ALJ) for the Equal Rights Division of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own.

DECISION

The decision of the administrative law judge (copy attached) is affirmed.

Dated and mailed September 19, 1997
luckero2.rsd : 164 : 9

/s/ Pamela I. Anderson, Chairman

/s/ David B. Falstad, Commissioner

MEMORANDUM OPINION

In the petition for commission review the complainant's attorney does not specifically challenge any of the procedural and evidentiary rulings made by the administrative law judge, nor does he challenge any specific findings of fact as being unsupported by the record, nor does he assert whether and why any conclusions of law are claimed to be in error. Thus, the commission has no specific indication of why the complainant believes he should prevail on this record or what his attorney claims was erroneously decided by the administrative law judge. Nevertheless, the commission has reviewed the record in this matter in order to determine whether the findings of fact and conclusions of law made by the appeal tribunal are supported The commission agrees with the appeal tribunal's findings of fact and with its conclusion that the complainant's convictions for possession of cocaine, conspiracy to distribute cocaine, and fleeing a police officer, were substantially related to his employment as a maintenance mechanic for the respondent, a job which required the complainant to enter the apartments of individuals with demonstrated chemical dependency problems, generally without supervision and while tenants were present. Under these circumstances, the respondent's decision to discharge the complainant was not an act of employment discrimination. Accordingly, the administrative law judge's dismissal of the complaint is affirmed.

NOTE: Subsequent to the completion of the commission's review of this matter, but prior to its issuance of a decision, the complainant's attorney contacted the commission to request a briefing schedule. Pursuant to § LIRC 1.07 of the Wisconsin Administrative Code, this request is denied.

cc: Attorney F. Thomas Olson
Attorney Bruce D. Schrimpf


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