834.59 Miscellaneous

The WFEA does not contain any provision allowing LIRC to order a fine or other monetary sanction against a discriminating employer. Vernon v. Wackenhut Corp. (LIRC, 10/31/13)

An Administrative Law Judge’s order that the Respondent should cease and desist from discriminating against the Complainant or any of its employees was modified to apply only to the Complainant. Neither the Equal Rights Division nor the Labor and Industry Review Commission have the authority to entertain a class action under the Wisconsin Fair Employment Act. Metzger v. UGD Auto. (LIRC, 2/28/08).

The Administrative Law Judge improperly issued an order which required, in part, that the Respondent promulgate a policy that did not automatically exclude employees who have arrest or conviction records. This order exceeded the ALJ’s scope of authority. The issue noticed for hearing was whether the Respondent had violated the Wisconsin Fair Employment Act by refusing to hire or employ the Complainant because of arrest or conviction record. An order under the Act must not be broader in its scope than the issue noticed for hearing. The issue noticed for hearing failed to specify any ongoing acts of discrimination other than that perpetrated in the complaint. Although this part of the Administrative Law Judge’s order might be appropriate in regard to an action brought by or on behalf of a class of persons, the Equal Rights Division doe not have the authority to entertain a class action under the Wisconsin Fair Employment Act. Rowser v. Upper Lakes Foods (LIRC, 10/29/04).

The Administrative Law Judge was within his authority to order staff-wide training on the provisions of the Wisconsin Fair Employment Act as a remedial measure. Muenzenberger v. County of Monroe (LIRC, 8/13/98).