715 Adequacy of complaint

The narrative portion of the Complainant's complaint did not "clearly encompass" a retaliation claim that had not been specifically identified by the Complainant due to Complainant's failure to check the box on the complaint form indicating a cause of action for retaliation. Bates v. Care Partners Assisted Living, LLC (LIRC, 09/27/19).

An unrepresented Complainant checked the box indicating that the reason for discrimination was her filing of a previous complaint with the ERD but did not check the box indicating that her disability was also a reason she experienced discrimination. In the narrative portion of the complaint, the Complainant asserted facts that encompassed a claim of disability discrimination. The commission found that the set of factual assertions in the narrative portion of the complaint "clearly encompassed" an allegation of disability discrimination. The fact that the Complainant did not check the proper box on the front of the form, which is not a statutory requirement for the filing of a complaint, is not a circumstance that should have prevented all of the allegations in her complaint from being investigated and resolved. Zahorik v. Karl Schmidt Unisia (LIRC, 06/18/15).

A complaint which contains an extremely long and rambling statement of allegations may effectively frustrate any attempt an employer might make to respond to it or an investigator might make to analyze and evaluate it. In this case, the complaint failed to state any clear allegations which, if true, would constitute a violation of the Wisconsin Fair Employment Act. The complaint’s references to “creed” do not refer to a creed or religion as covered by the Act. The few statements in the complaint touching upon the matter of age are ambiguous. None of the situations mentioned in the complaint narrative clearly alleged discrimination because of age as contemplated by the Act. The complaint makes references to the Complainant’s medical condition, however there is no clear allegation that the employer allegedly discriminated against the Complainant because of this condition. Accordingly, the complaint was properly dismissed for failure to state a claim for relief under the Wisconsin Fair Employment Act. Beimborn v. Mark Kuether Constr. (LIRC, 04/19/00).

The rules of the Personnel Commission indicate that a complaint shall be written, signed, verified and notarized and should identify the Complainant, the Respondent and the facts which constitute the alleged unlawful discrimination. The rules specify that technical defects or omissions may be cured by amendment. In this case, the Complainant's letter to an EEOC investigator identified the Complainant, the Respondent and the alleged discriminatory conduct. Technical omissions could be cured through the submission of a completed complaint form. Dawsey v. DHSS (Wis. Pers. Comm’n, 10/29/92).

The Wisconsin Fair Employment Act does not require that a complaint be on a particular form. Sec. Ind 88.02(2), Wis. Adm. Code, indicates that a complaint shall be written on a form which is available at any Division office, however, it also indicates that it may be filed on “any other form acceptable to the Department.” A letter alone may serve to satisfy the requirements of timely filing of a complaint. Therefore, a letter filed as an attachment to and expanding upon the allegations set forth on an official division complaint form should be viewed as part of the complaint. Helton v. Wesbar Corp. (LIRC, 03/19/92). [Ed. note: sec. 88.02(2), Wis. Admin. Code, has been replaced by sec. DWD 218.03(3), Wis. Admin. Code.]

Where the gist of the complaint was that the Respondent discharged the Complainant on the basis of false reports made to the Respondent by others, and where the complaint failed to allege that the false reports concerned or were motivated by the Complainant’s religious beliefs, that the Respondent knew or believed that the complaining individuals disliked the Complainant’s religious beliefs, or that the employer itself shared any dislike others may have held for his religious beliefs, the complaint failed to state a claim upon which relief could be granted on a theory of religious or creed discrimination. Hallingstad v. A.B. Dick Prod. (LIRC, 11/05/87).

Where the Complainant was denied employment as a truck driver because he was too large to be accommodated in the cab of the truck, the hearing examiner properly dismissed the complaint without conducting a hearing on the grounds that the Complainant was not handicapped within the meaning of the Act. Because the complaint failed to state a claim upon which relief could be granted under the Wisconsin Fair Employment Act, the examiner was within his authority to dismiss the complaint prior to the hearing. Rick v. Fore Way Express (LIRC, 07/25/85).

DILHR has the authority to dismiss a complaint at any stage of the proceedings before it, whether at the request of a party or upon its own motion, for failure to state a claim upon which relief may be granted. Lambert v. DILHR (AMC) (Dane Co. Cir. Ct., 07/25/77).