713 Identification of issues, notice

A Complainant who was unrepresented when filling out her complaint form should not have that complaint read narrowly. The Complainant filed her complaint without assistance from legal counsel. Although she only checked the box on the complaint form for retaliation, in her “Statement of Discrimination” she included a set of factual assertions that clearly encompassed an allegation of disability discrimination. Having concluded that the issue of disability discrimination was raised but never investigated, the commission remanded for a new investigation. Zahorik v. Karl Schmidt Unisia, Inc. (LIRC, 06/18/15).

Where an issue is not raised by a complaint, the Equal Rights Division’s investigation bureau is without authority to issue an initial determination making a conclusion on that issue, and the Equal Rights Division is without authority to conduct a hearing on that issue. Findings and orders under the Wisconsin Fair Employment Act may not be broader than that specified in the complaint and notice of hearing. Greco v. Snap-On Tools (LIRC, 05/27/04).

Where the Complainant filed a complaint under the Healthcare Worker Protection Act, sec. 146.997(3), Stats., it was inappropriate for the Equal Rights Division to issue an initial determination making a conclusion as to whether sec. 111.322(2m), Stats., had also been violated. The complaint was drafted and filed on the Complainant’s behalf by an attorney. Presumably, if the Complainant had intended to allege not only a violation of the Healthcare Worker Protection Act, but also a violation of sec. 111.322(2m), Stats., she would have done so. Korn v. Divine Savior Healthcare (LIRC, 01/16/04).

A Complainant need provide only a general statement describing the allegedly discriminatory action in order to satisfy the very liberal pleading requirements of the Wisconsin Fair Employment Act. Moeller v. County of Jackson (LIRC, 01/27/03).

When termination is an issue in the complaint, constructive discharge need not be pled as a separate cause of action. Health Enterp. of Wis. v. Leconte (Dane Co. Cir. Ct., 05/17/95).

Where an issue is not raised by a complaint, the Equal Rights Division’s Investigation Bureau is without authority to issue an Initial Determination making a conclusion on that issue, and the Equal Rights Division is without authority to conduct a hearing on that issue. In this case, the investigator made a finding of probable cause on the issue of constructive discharge, which was not an issue raised by the complaint (which only contained allegations of discrimination with respect to promotion and demotion). The notice of hearing also indicated that constructive discharge was an issue in the case. On motion of the Respondent, the Administrative Law Judge correctly amended the notice of hearing to delete constructive discharge as an issue for hearing. James v. Associated Schools, Inc. (LIRC, 11/27/91).

Where, in a case concerning an alleged discriminatory discharge, there was no reference to wage discrimination in the complaint and no investigation or initial determination of any wage discrimination claim, the Administrative Law Judge properly barred the Complainant from litigating a discriminatory wage claim at the probable cause hearing. Marchant v. Breakthru Marketing Serv. (LIRC, 02/05/88).

A Complainant who was unrepresented when filling out her complaint should not have that complaint read narrowly so as to prevent her from introducing evidence on issues which are closely related to those raised in the complaint. Hiegel v. LIRC, 121 Wis. 2d 205, 359 N.W.2d 405 (Ct. App. 1984).

A complaint (and notice of hearing) that alleges retaliatory discharge does not constitute sufficient notice that the Complainant is also alleging that her discharge was sex discrimination. Hoyer v. LIRC (Milwaukee Pub. Library) (Dane Co. Cir. Ct., 11/10/83).

Where a complaint (and notice of hearing) alleges that a Complainant had not been reinstated because she refused a lie detector test, the issue of whether her initial suspension was for the same reason was not properly raised. Rudd v. The Rising Sun (LIRC, 11/04/82).

A complaining party’s failure to allege anything related to her termination in the complaint precluded DILHR from deciding whether she was constructively discharged. Rau v. Mercury Marine (LIRC, 05/19/77), aff’d sub nom. Rau v. DILHR (Dane Co. Cir. Ct., 02/21/79).

It was proper for DILHR to consider the legality of an employee's demotion and its relationship to the ultimate discharge even though his complaint challenged only the discharge. Michels v. Giddings & Lewis Machine Tool (DILHR, 12/06/77).

An employer’s failure to make a reasonable accommodation can be considered raised by a complaint which charges the employer with handicap discrimination even where the complaint did not specifically allege such a failure. In addition, the investigation of a handicap discrimination complaint by DILHR must include a determination of whether a prudent person might believe that there has been a failure to reasonably accommodate a handicapped individual. Teggatz v. LIRC (DHSS) (Dane Co. Cir. Ct., 10/03/77).

Where handicap discrimination did not form the basis for the filing of the original complaint and was not raised in the notice of hearing, the hearing examiner’s findings on that issue cannot be affirmed by DILHR. Hanson v. Waukesha Bearings (DILHR, 11/18/76).