773 Conclusions of Law; opinions and decisions in general

The Complainant’s request for a new hearing on the ground that the administrative law judge’s decision contained no detailed analysis of the evidence or explanation of the credibility determinations that were made was rejected. It was clear from the factual findings that the administrative law judge found the Respondent’s version of events to be credible and that he did not believe the Respondent was motivated to discriminate against the Complainant. The administrative law judge’s decision was adequate for purposes of review. Volkmann v. Colonial Mgmt. Group LP (LIRC, 01/30/15), aff’d sub nom. Volkmann v. LIRC and Colonial Management Group, LP (Chippewa Co. Cir. Ct., 09/09/15).

When an investigation results in a determination of no probable cause and that is appealed to a hearing on the issue of probable cause, and when that hearing results in an ALJ’s decision that there is probable cause and that the matter should proceed to a hearing on the merits, the proceedings on the merits which follow are entirely de novo. The record of the probable cause hearing is not part of the record on which the merits are to be decided, and the decision of the ALJ who presided at the probable cause hearing is of no relevance and of no weight in the merits proceedings. Neither the probable cause hearing record nor the decision resulting from it should be cited as having any significance, or accorded any significance, in the process of trying and deciding the merits of the case. Walker v. City of Eau Claire (LIRC, 03/28/13).

The concept of conforming the pleadings to the proof is not applicable in administrative proceedings under the Wisconsin Fair Employment Act. In this case, the Administrative Law Judge’s decision exceeded the scope of the issues investigated by the Equal Rights Division, and noticed for hearing. Those issues were whether there was probable cause to believe that the Respondent had discharged the Complainant in retaliation for engaging in a protected activity, and whether there was probable cause to believe that the Respondent had discriminated against the Complainant in the terms or condition of her employment because of pregnancy. The Administrative Law Judge improperly made findings in regard to, and resolved, the issues of whether the Complainant was retaliated against in regard to terms and conditions of employment, and whether the Complainant was discharged because of pregnancy. No authority existed for making findings or rendering a decision in regard to these issues which had not been investigated by the Equal Rights Division, or noticed for hearing. Smith v. The Terrace at St. Francis (LIRC, 12/08/06).

An administrative law judge may carry out a careful and thoughtful review of all of the evidence, find himself more persuaded by one side’s case than the other, and decide that the description of the facts and appropriate inferences which that side urged were substantially accurate. In such a case, adopting findings and conclusions urged in that party’s brief would be a reasonable approach. It is common in federal civil rights litigation for courts to call for the parties to submit proposed findings of fact and to then simply adopt the entire set of proposed findings submitted by the party whose case the court has found most persuasive. It is not argued in such cases that this evidence is a lack of critical thinking on the part of the court. Nor is such an argument warranted where the administrative law judge has, in his decision, adopted arguments made by one of the parties. Wells v. Roadway Express (LIRC, 05/13/02).

There is no rule that an Administrative Law Judge must specifically describe or comment on demeanor and credibility issues in a written decision. Campbell v. Barch Communications (LIRC, 01/17/97).

There is no requirement that an administrative decision be entered with exacting specificity. In particular, it is not necessary for administrative agencies to give reasons for the implied rejection of all alternatives in the evidence, as this would be too onerous a burden. This also applies to credibility issues. A specific finding that the testimony of a party was not believed is not required. Polesky v. United Brake Parts (LIRC, 08/30/96).

An Administrative Law Judge improperly found that a particular individual discriminated against the Complainant in conditions of employment, where the Complainant had not so alleged in her complaint. In the complaint, the only allegations of discrimination in conditions of employment were expressly related to alleged mistreatment by another individual. Crosby v. Intertractor America Corp. (LIRC, 05/21/93).

An Administrative Law Judge may not issue a decision on the merits after a hearing on the issue of probable cause, absent a stipulation to do so by the parties. Campbell v. A.J. Sweet of Madison, Inc. (LIRC, 08/29/92).

Chapter 227, Stats., does not require an Administrative Law Judge to announce the reasons for a bench ruling. Even in a written decision, an administrative agency need not set out what evidence it believed and what it rejected. It has been deemed unnecessary for administrative agencies to give reasons for the implied rejection of all alternatives, as this would be too onerous a burden. Vaisman v. Aldridge, Inc. (LIRC, 10/21/91).

The Administrative Law Judge erred in concluding that a discharge was in retaliation for opposition to a discriminatory practice where the complaint alleged only that the Complainant was discharged because of marital status and where that was the only issue investigated by the Department and the only issue set forth in the notice of hearing. Cangelosi v. Robert E. Larson & Assoc. (LIRC, 11/09/90).