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

ANTHONY SMITH, Complainant

REYNOLDS WHEELS INTERNATIONAL, Respondent

FAIR EMPLOYMENT DECISION

ERD Case No. 199804037, EEOC Case No. 26G990338

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, and it has reviewed the evidence submitted to the administrative law judge. Based on its review, the commission makes the following:

FINDINGS OF FACT

1. On June 8, 1998, the complainant began working in the respondent's paint shop.

2. On or before September 23, 1998, the respondent posted a job notice for a melting operator position on "Crew D," a short-term position to cover for another worker who was out on medical leave for 4-6 weeks.

3. On September 23, 1998, the complainant submitted a job bidding form for the "Crew D" position. He was subsequently notified that the position had been awarded to an employee with higher seniority.

4. In fact, the complainant learned that the "Crew D" position for which he applied was filled by a temporary employee, who was later discharged.

5. The complainant believed that he was unfairly denied the position based upon a prior discrimination complaint he filed with the Equal Rights Division.

6. The reason the complainant was not awarded the "Crew D" position was that his bidding form was mistakenly filed under "Crew A." When the complainant reapplied for a "Crew D" position he was hired.

7. The complainant was not denied the "Crew D" position in retaliation for having filed an earlier discrimination complaint.

Based upon the FINDINGS OF FACT made above, the commission makes the following:

CONCLUSION OF LAW

1. That the respondent did not discriminate against the complainant by denying him a transfer in retaliation for having filed a prior discrimination complaint, in violation of the Wisconsin Fair Employment Act.

Based upon the CONCLUSION OF LAW made above, the commission issues the following:

ORDER

1. That the complaint in this matter is dismissed with prejudice.

Dated and mailed April 16, 2001
smithan . rrr : 164 : 9

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

NOTE: The administrative law judge's decision contains numerous findings of fact that are not supported by the record, and which closely track the "Statement of Facts" contained in the respondent's answer to the complaint, filed with the administrative law judge on November 29, 1999. However, the respondent's answer was not submitted into evidence at the hearing and cannot form the basis for any findings of fact. Consequently, the commission has rewritten the decision in order to limit the findings of fact to those which can be directly supported by the record. Even as rewritten, however, those findings of fact do not warrant a conclusion that the complainant was discriminated against in the manner alleged.

cc: Jessica L. Lynch

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uploaded 2001/04/17