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

JEROME SELLARS, Complainant

SUNBURST YOUTH HOMES, Respondent A

ROGER SCOTT, Respondent B

FAIR EMPLOYMENT DECISION
ERD Case No. 9200272

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 on October 5, 1994. A timely petition for review was filed with the Equal Rights Division, which then forwarded the file to the commission on June 30, 1995.

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 18, 1995
sellaje.rsd : 164 : 9

/s/ Pamela I. Anderson, Chairman

/s/ Richard T. Kreul, Commissioner

/s/ David B. Falstad, Commissioner

MEMORANDUM OPINION

The complainant's employment with the respondent, a residential treatment facility for emotionally disturbed youth, was terminated based upon a criminal conviction for delivery of cocaine. In his petition for review the complainant argues not only that the respondent discriminated against him in violation of the Wisconsin Fair Employment Act, but that the administrative law judge also violated the law by allowing such discrimination to occur. These arguments are without merit. Although, as a rule, an employer may not lawfully discharge an individual on the basis of a criminal conviction record, it is not discrimination to discharge an individual because of a criminal conviction involving circumstances which are substantially related to the circumstances of the particular job. Section 111.335(1)(c)1., Stats. Because the complainant's conviction for delivering cocaine was substantially related to his employment as a youth counselor for emotionally disturbed juveniles, many of whom have problems related to chemical dependency, the respondent's actions in discharging the complainant were not in violation of the law. Accordingly, the commission finds that the administrative law judge's dismissal of the complaint was proper and affirms the administrative law judge's decision in this matter.

cc:
Ann N. Knox-Bauer
Kathryn M. Collins

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