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


DONALD GOES, Complainant

VIRG `N JOHNS, Respondent

PUBLIC ACCOMMODATION DECISION
ERD Case No. 9553349


An administrative law judge (ALJ) for the Equal Rights Division of the Department of Industry, Labor and Human Relations 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: March 26, 1996
goesdon.rsd : 125 : 9

Pamela I. Anderson, Chairman

Richard T. Kreul, Commissioner

David B. Falstad, Commissioner

MEMORANDUM OPINION

This case presents a question regarding the timeliness of a complaint of alleged handicap discrimination filed with the Equal Rights Division on August 21, 1995, under the Wisconsin Public Accommodations Law, s.101.22, Stats. A complaint under this statute must be filed within 300 days of the alleged act of discrimination. Section 101.22(10), Stats.

There appears to be little dispute that the alleged act of discrimination complained of herein occurred on or about September 8, 1994, thus making the complaint untimely. It also appears, however, that the complainant contends that his complaint is untimely because he had first filed it in December 1994 with the wrong agency (Department of Justice, Office of Consumer Protection), which failed to forward it to the proper agency.

Filing a complaint with the wrong agency may be grounds for equitable tolling of the limitations period where the complainant was diligent in his attempt to assert his rights. However, there is nothing in the record of this case which substantiates the assertion that the complaint had been filed with another agency in 1994, or which shows that the complainant had been diligent in his attempt to assert his rights.

Accordingly, the commission has affirmed the decision of the ALJ in this matter.


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