Wisconsin Bell, Inc. v. Labor & Industry Review CommissionAnnotate this Case
The Labor and Industry Review Commission’s version of the “inference method” of finding discriminatory intent is inconsistent with Wis. Stat. 111.322(1) because it excuses the employee from his burden of proving discriminatory intent.
Employee argued that Employer intentionally discriminated against him when it terminated his employment because of his disability. LIRC agreed and concluded that Employer violated the Wisconsin Fair Employment Act (WFEA). The Supreme Court reversed, holding (1) LIRC’s version of the “inference method” impermissibly allows imposition of WFEA liability without proof of discriminatory intent, which is inconsistent with the requirements of section 11.322(1); and (2) the record lacked substantial evidence that Employer terminated Employee’s employment because of his disability.