UADD 93-0239 EEOC NO. 35C-93-0253. FELIX A. GONZALEZ vs. UNION PACIFIC RAILROAD Defendant.

• Court: Utah

Utah Workers Compensation Decisions 1995. UADD 93-0239 EEOC NO. 35C-93-0253. FELIX A. GONZALEZ vs. UNION PACIFIC RAILROAD Defendant THE INDUSTRIAL COMMISSION OF UTAHFELIX A. GONZALEZ, Applicant, vs. UNION PACIFIC RAILROAD, Defendant.UADD Case No. 93-0239 EEOC NO. 35C-93-0253ORDER GRANTING MOTION FOR REVIEWUnion Pacific Railroad asks The Industrial Commission of Utah to review the decision of the Industrial Commission's legal counsel denying Union Pacific's request for an evidentiary hearing on Felix Gonzalez' charge of discrimination. The Commission exercises jurisdiction in this matter pursuant to Utah Code Ann. '63-46b-12, Utah Code Ann. '34-35-7.1(11) and Utah Admin. Code R560-1-4.A.5. BACKGROUND Mr. Gonzalez alleged that Union Pacific had unlawfully discriminated against him on the basis of race, then had retaliated against him for filing a discrimination complaint. After investigating the charges, the Director of the Utah Antidiscrimination Division found no cause to believe Union Pacific had discriminated against Mr. Gonzalez on the basis of his race. However, the Director found cause to believe that Union Pacific had retaliated against Mr. Gonzalez for filed a discrimination complaint. Union Pacific filed a request for an evidentiary hearing on the issue of retaliation, which request was denied by the Commission's legal counsel. Union Pacific then filed a Motion For Review asking the Commission to grant the requested evidentiary hearing. DISCUSSION AND CONCLUSIONS OF LAW The Commission's Rule R560-1-4.A.5. governs evidentiary hearings in claims of unlawful discrimination. In general, Rule 560-1-4.A.5 allows an evidentiary hearing for the purposes of providing additional evidence, challenging existing evidence, or to permit cross examination of witnesses. In this case, Union Pacific has now submitted to the Industrial...