MELVIN REED, Complainant

GREAT LAKES COMPANY INC., 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 November 21, 2005
reedme . rsd : 164 : 9

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

In his petition for commission review the complainant argues that the administrative law judge's dismissal of his complaint under the doctrines of claim and issue preclusion should be reversed because he believes the lower court misapplied or misconstrued some of the evidence in this matter. The complainant's argument fails. A summary judgment order issued by a federal court is a bar to the complainant proceeding under state law in a case involving the same parties and claims. The complainant had an opportunity to litigate his complaint in federal district court and to obtain a review of the district's court's decision by the court of appeals. The fact that he disagrees with the federal court decisions issued in his case does not entitle him to relitigate the same claims before the Equal Rights Division. Accordingly, the dismissal of the complaint is affirmed.

cc: Attorney Neil B. Stekloff

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