WAYNE PECHACEK, Complainant

J. C. PENNEY COMPANY, Respondent

On September 20, 1989, an administrative law judge (ALJ) for the Equal Rights Division of the Department of Industry, Labor and Human Relations issued a decision in the above-captioned matter dismissing the Complainant's complaint of alleged sex discrimination in regard .to discharge. Complainant filed a timely petition for Commission review of the matter.

Based upon a review of the record, the Labor and Industry Review Commission issues the following:

That the decision of the Administrative Law Judge (copy attached) is affirmed and shall stand as the FINAL ORDER herein.

Dated and mailed November 10, 1989

/s/ Kevin C. Potter, Chairman

/s/ Carl W. Thompson, Commissioner

/s/ Pamela I. Anderson, Commissioner

The hearing in this matter was scheduled for August 8, 1989. The Complainant's counsel and Respondent appeared at the hearing, but the Complainant himself failed to appear. As a result of the Complainant's failure to appear and present testimony in support of his complaint of alleged discrimination, his complaint was dismissed.

On appeal, the Complainant asserts that he never received notice of the hearing and that this was probably due to his moving to a new address. However, this explanation is insufficient to excuse his failure to appear at the hearing since it was the Complainant's responsibility to keep the Department informed as to his current address. Absent a showing of good cause for his failure to appear at the hearing the Commission must affirm the ALJ's dismissal of his complaint.

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