Wis.LIRC ER Decision: Langer, Pamela - March 19, 2001 - Procedure - Coverage of the WFEA - Volunteer - where complainant was not on respondents' payroll and received no tangible benefit in exchange for her services for the respondents, she was not in an employment relationship with respondents, and where complainant did not allege respondents engaged in actions affecting her future employment opportunities, no WFEA coverage

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

PAMELA LANGER, Complainant

CITY OF MEQUON, Respondent A

CHRISTINE NUERNBERG, Respondent B
CITY OF MEQUON

FAIR EMPLOYMENT DECISION
ERD Case No. 199904168, EEOC Case No. 26GA00301

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 maile March 19, 2001
langepa . rsd : 164 : 9

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

In her petition for commission review the complainant argues that the existence of an employer-employee relationship should not turn exclusively upon whether she is uncompensated. Rather, the complainant argues that the determination should be based upon the nature and functions of the duties she performs. However, the commission does not believe that the administrative law judge's emphasis on compensation was misplaced. The Fair Employment Act prohibits discrimination in employment. Where, as here, the complainant was not on the respondents' payroll and received no tangible benefit in exchange for her services for the respondents, it cannot be said that she was in an employment relationship with either of the two named respondents. Moreover, the complainant has not alleged that the respondents engaged in any actions that affect her future opportunities for employment with them or any other employer. Consequently, the commission sees no basis to conclude that her claim falls within the purview of the Act. The dismissal of the complaint is, accordingly, affirmed.

cc:
Walter F. Kelly
Mary L. Hubacher

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uploaded 2001/03/21