 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
World Mart6/21/1993
e award of back pay by the hearing officer in the amount of $66.81 per day.
The hearing officer could accurately and readily compute Ditsch's back pay award based upon the parties' written evidence submitted at the hearing. It follows that there was no error in the grant by the hearing officer of prejudgment interest on the liquidated sum of $66.81 per day. Holst v. Guynn, 696 P.2d 632 (Wyo. 1985); Rissler & McMurry Co. v. Atlantic Richfield Co., 559 P.2d 25 (Wyo. 1977).
We also hold the ancillary contention by AHW, that the back pay award was not appropriately reduced by an amount equal to Ditsch's failure to mitigate his losses or that the award should be reduced by his unemployment benefits or other earnings received, is without merit. We agree with the Supreme Court of the United States in its assessment of the controlling law in such an instance. Only AHW's unconditional offer of reinstatement would have tolled AHW's liability for back pay as of September 15, 1989, and AHW's offer was clearly contingent on Ditsch's withdrawal of his handicap discrimination claims. Ford Motor Co. v. Equal Employment Opportunity Comm'n, 458 U.S. 219, 102 S.Ct. 3057, 73 L.Ed.2d 721 (1982), on remand, 688 F.2d 951 (4th Cir. 1982). We also conclude the refusal of the hearing officer to deduct Ditsch's unemployment benefits from the back pay award was based on the majority rule and did not result in making Ditsch "more whole" than he would have been if he had not been the victim of a handicap discrimination. Nat'l Labor Relations Bd. v. Gullett Gin Co., 340 U.S. 361, 71 S.Ct. 337, 95 L.Ed. 337 (1951). The hearing officer's refusal to require these deductions from the back pay award was lawful and was not otherwise arbitrary or capricious.
AHW's final claim of error is that there was an abuse of discretion by the hearing officer when he ordered AHW to develop and implement an affirmative action program to eliminate the preferential hiring of handicapped individuals. AHW relies on the general powers and duties of the Department of Employment as delineated in Wyo. Stat. § 27-9-104(a) (1991) found in WFEPA. Specifically, AHW relies on subsection (iii), which provides that the Commission shall have the power and duty "to receive, investigate, and pass upon complaints alleging discrimination in employment * * * by a person, an employer * * * or the employees or members thereof." The operative portion of the statute, however, is Wyo. Stat. § 27-9-106(g) (1991), which provides (emphasis added):
Order of commission. — If upon all the evidence at a hearing, the commission may find that a respondent has engaged in or is engaging in any discriminatory or unfair employment practice as defined in this chapter, the commission shall * * * issue * * * an order requiring the respondent to cease and desist * * * and to take affirmative action, including hiring, reinstatement or upgrading of employees, with or without back pay * * * as in the judgment of the commission will effectuate the purposes of this chapter.
It is uncontroverted on the record that AHW hired only handicapped individuals for telemarketer positions. In response to this "reverse discrimination," the hearing officer ordered AHW to implement an affirmative action program not based on quotas, but upon good faith efforts to achieve equal employment opportunities for all persons. The language of Wyo. Stat. § 27-9-106(g) quoted above, is sufficiently broad to justify this aspect of the administrative hearing officer's order, and there was no abuse of his discretion.
We hold the Commission's final order of December 2, 1991 is supported by substantial evidence and is not arbitrary, capricious, in
Page 1 2 3 4 5 6 7 8 9 10 Wyoming DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|