KIRK E VERNON, Complainant
WACKENHUT CORP, Respondent
An administrative law judge 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. Based on its review, the commission agrees with the decision of the administrative law judge, and it adopts the findings, conclusion, and order issued by the administrative law judge as its own.
The decision of the administrative law judge (copy attached) is affirmed.
Dated and mailed October 31, 2013
vernoki_rsd . doc : 164 : 834.59
BY THE COMMISSION:
/s/ Laurie R. McCallum, Chairperson
/s/ C. William Jordahl, Commissioner
/s/ David B. Falstad, Commissioner
In his petition for commission review, the complainant -- who prevailed in this matter -- does not challenge any of the findings of fact or conclusions of law made by the administrative law judge, but asks the commission to amend the administrative law judge's order to include a fine, penalty or sanction against the respondent for wilful disregard of the discrimination laws applicable to the case. (1) The complainant's request is denied. The Wisconsin Fair Employment Act provides that, if the administrative law judge finds that the respondent has engaged in discrimination, the administrative law judge may order such action by the respondent as will effectuate the purpose of the statute. Wis. Stat. § 111.39(4)(c). The relief contemplated by the statute is relief intended to make the employee "whole" for the discrimination he or she has suffered. Powell v. SBC Ameritech, ERD Case No. CR200100576 (LIRC April 21, 2003). The statute does not contain any provision allowing the commission to order a fine or other monetary sanction against a discriminating employer, however, and the commission lacks the authority to consider such a remedy in this case. The decision and order issued by the administrative law judge is, therefore, affirmed.
cc:
Attorney Michael J. Cieslewicz
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