ALLEN LUECK, Complainant

STATE OF WISCONSIN, Respondent

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.

The decision of the administrative law judge (copy attached) is affirmed.

Dated and mailed March 10, 2006
lueckal . rsd : 125 : 9

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

Allen Lueck petitions for a review of the ALJ's decision, which affirmed the department's Preliminary Determination that the Equal Rights Division does not have jurisdiction to investigate his complaint allegation that the Wisconsin no fault divorce laws discriminate against men. As correctly indicated by the ALJ, the ERD, which is a creature of the Legislature, only has the powers conferred upon it by the Legislature and the Legislature has not given the ERD any authority to investigate claims regarding the state's divorce laws. Lueck must seek redress for his complaint allegation regarding the State's no fault divorce laws through his legislators and/or a court action challenging the constitutionality of such laws. Lueck's complaint about the no fault divorce laws is not a matter which, as he suggests in his petition, the ERD should have "forwarded to the proper people" if the ERD was not the proper forum for his complaint. That responsibility lies with Lueck.

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uploaded 2006/03/13