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

JOHNATHAN P WAGNER, Complainant

CITY OF MILWAUKEE FIRE AND POLICE COMMISSION, Respondent

FAIR EMPLOYMENT DECISION
ERD Case No. 200101460,


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 July 30, 2003
wagnejo . rsd : 164 : 9 

/s/ David B. Falstad, Chairman

/s/ James T. Flynn, Commissioner

/s/ Robert Glaser, Commissioner

MEMORANDUM OPINION

In the petition for commission review the complainant argues that there was sufficient evidence presented at the hearing to show that he was discriminated against with regard to his arrest and/or conviction record. The commission disagrees. The evidence adduced at the hearing established that the respondent did not deny the complainant a job based upon the mere fact of his conviction record, but conducted its own independent and detailed investigation into the circumstances of the conviction, after which it concluded that the underlying conduct for which the complainant was convicted, together with his failure to disclose his entire record when asked, rendered him unsuited for the job. The record further demonstrates that the respondent gave the complainant an opportunity to appeal its decision not to offer him a job, but his attitude and demeanor during the meeting with the appeal panel demonstrated a lack of maturity which led to a unanimous determination to uphold the original decision. Given these circumstances, the commission sees no reason to conclude that the complainant was unlawfully discriminated against based upon his arrest or conviction record, as alleged. Accordingly, the dismissal of the complaint is affirmed.

cc: 
Attorney Jason A. Kunschke
Attorney Leonard A. Tokus


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