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

SHARON L. EASTWOOD, Complainant

WAL-MART DISCOUNT CITIES, Respondent A

WAL-MART INC, Respondent B

FAIR EMPLOYMENT DECISION
ERD Case No. 199701765, EEOC Case No. 26G971166

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 May 24, 1999
eastwsh.rsd : 125 : 9

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The complainant, Sharon Eastwood, date of birth December 3, 1941, alleges that she was discriminated against because of her age with respect to her terms and conditions of employment while a department manager under the supervision of Michael Palek. Ms. Eastwood's claim of age discrimination is that demands were placed upon her as a department manager that was not placed on others, that she received less favorable treatment than that enjoyed by other department managers, that age-related inquiries were made by Palek, including when she was written up for work performance problems, and that she was demoted from the position of department manager to that of stocker. As found by the administrative law judge, however, the preponderance of the evidence does not support a showing that Ms. Eastwood was discriminated against in her terms and conditions of employment because of her age. The record shows that Palek was a demanding supervisor who held all employes to strict standards. In addition to responsibility for supervising Ms. Eastwood, Palek had also been responsible for supervising department manager, Lisa Beyerl, age 30, and he placed equally high demands on her work performance. Palek did make inquiries of Ms. Eastwood's ability to perform various tasks, but the evidence indicates that Palek's concern was with Ms. Eastwood's ability to perform and complete her job duties, not her age. The evidence did show that Ms. Eastwood was a very hard working person. However, there was also significant evidence that she was not satisfactorily performing the position of department manager. In fact, Ms. Eastwood herself agreed that Palek's write-ups regarding her performance problems were accurate. The evidence shows that a decision was made that Ms. Eastwood was not the right person for the department manager job and that she was re-assigned to a stocker position because she had proven herself in that position. This re-assignment was made without any cut in pay that she had received as a department manager.

cc: David C. McCormack

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