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

BRYAN R. BAHR, Complainant

MERCURY MARINE, Respondent

FAIR EMPLOYMENT DECISION
ERD Case No. 199703081, EEOC Case No. 26G971829

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 February 16, 2000
bahrbry.rsd : 125 : 9

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The administrative law judge concluded that there was no probable cause to believe that the respondent discriminated against the complainant, Bryan Bahr, on the basis of disability in violation of the Fair Employment Act when it terminated his employment. Accordingly, the administrative law judge dismissed Bahr's complaint of alleged discrimination.

The record supports the administrative law judge's dismissal of Bahr's complaint. After hire by the respondent on December 13, 1993, Bahr completed and signed a medical history form on which he indicated, among other things, that he had never had "Siatica, Back Injury/Strain/Sprain, Back Surgery, or Back Pain on Lifting." Above his signature on this form was the statement that any misrepresentation, omission of fact or false statement shall be cause for discharge and termination of employment whenever discovered.

The respondent asks for medical history information of new employes to make sure they are being placed in positions which fit any restrictions they may have. During the course of an investigation of a claim for worker's compensation by Bahr the respondent received medical records which showed, contrary to the medical history form that Bahr had completed, that Bahr had in fact received treatment for a back problem prior to his employment with the respondent. The respondent terminated Bahr's employment because he had falsified employment records. The respondent has terminated the employment of other employes for falsification of employment records.

cc: Elizabeth McGrail

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