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

JOHN P SHOLTES, Complainant

UNEMPLOYMENT INSURANCE, Respondent

FAIR EMPLOYMENT DECISION
ERD Case No. 200002265

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 January 19, 2001
sholjo.rsd : 164 : 9

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

In his petition for commission review the complainant argues that the actions taken by the UI Division did affect his employment in that unemployment insurance is a cost employers bear, just like wages. The commission has considered this argument, but finds it unpersuasive. As the administrative law judge explained in his decision, the determination of eligibility for unemployment benefits and the calculation of the amount of those benefits does not affect employment or employment opportunities in the manner contemplated in § 111.322 of the Wisconsin Fair Employment Act (hereinafter "Act.") Moreover, even if the determination of benefit eligibility could be said to fall within the purview of § 111.322 of the Act, complaints of discrimination against state agencies are to be filed with the personnel commission, and are not within the jurisdiction of the Equal Rights Division. See Wis. Stat. § 111.375(2). Finally, the commission doubts whether a state agency can be said to have violated the Act by applying the unemployment law as it was written by the state legislature. For all of these reasons, the dismissal of the complaint is affirmed.

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uploaded 2001/01/22