EQUAL OPPORTUNITIES COMMISSION
CITY OF MADISON
210 MARTIN LUTHER KING, JR. BOULEVARD
Lyons Mortgage Co.
RECOMMENDED FINDINGS OF FACT CONCLUSIONS OF LAW, ORDER AND MEMORANDUM DECISION - REMEDY
Case No. 20846
This matter came on for a hearing before the Equal Opportunities Commission on January 19, 1989, pursuant to the hearing examiner's order dated November 30, 1988, finding Respondent in default for failing to appear at the Pre-Hearing Conference and scheduling a hearing to determine the remedy to be awarded Complainant. Complainant appeared at the hearing in person. Respondent failed to appear within one-half hour of the scheduled time of the hearing.
On the basis of the order dated November 30, 1988, and the evidence presented at the hearing held January 19, 1989, the hearing examiner now makes the following Recommended Findings of Fact, Conclusions of Law and Order.
RECOMMENDED FINDINGS OF FACT - REMEDY
RECOMMENDED CONCLUSIONS OF LAW - REMEDY
RECOMMENDED ORDER - REMEDY
The reasons for finding Respondent in default are set forth in my order of November 30, 1988 and will not be repeated here. However, because it appears that under the terms of that order, the Respondent was held liable for discrimination on the basis of sexual orientation and the claim of sexual orientation was not properly before the hearing examiner, the November 30, 1988 order has been modified to make it clear that Respondent has defaulted only on those claims certified to hearing and is liable only for discrimination on the basis of physical appearance.
Respondent also failed to appear at the hearing held for the purpose of determining appropriate relief. Therefore, my findings are based on the uncontroverted and credible testimony of the Complainant. That testimony established that the Complainant was to have worked five hours and would have earned an hourly wage of four dollars and thirty cents ($4.30) for his work for Respondent, but that he was permitted to work and was paid for only one hour. Because the ordinance provides that the award of lost wages is to be reduced by amounts earned or earnable by Complainant, sec. 3.23(9)(c)2.b., Mad. Gen. Ord., and the evidence establishes that Complainant secured alternate employment and was paid for three and a half of the four hours he would have otherwise been paid for working for Respondent, I have reduced the lost wages by the amount Complainant earned in alternate employment. Complainant testified that he was paid well in excess of the minimum wage for this employment but was unable to recall the amount he was paid, or whether it exceeded four dollars and thirty cents ($4.30) per hour. I have concluded, on the basis of his testimony, and in the absence of evidence to the contrary, that Complainant was paid no less than three dollars and fifty cents ($3.50) per hour for the alternate employment.
At the hearing, Complainant asserted that he has suffered mental distress as a result of Respondent's discrimination, and that the distraction caused by Respondent's discrimination caused him to fail his preliminary examinations at the University of Wisconsin not once, but three times. Complainant also argued that punitive damages should be assessed in this case. The burden of proof in these proceedings is on the Complainant and he has failed to present evidence, other than his own opinion, to support these claims. I therefore conclude that no further relief is appropriate in this case.
Dated at Madison this 31 day of January, 1989.
EQUAL OPPORTUNITIES COMMISSION