Chicago, Milwaukee, St. Paul & Pacific Railroad v. Department of Industry, Labor & Human Relations

Two issues are presented on this appeal:

1. Is there substantial evidence to sustain the finding that the employer committed an act of discrimination against Vern C. Goodwin by terminating his employment on the basis of an alleged handicap ?

2. Was the department’s order overbroad ?

In the instant action, the complainant charged that he was discriminated against on the basis of handicap. Thus, the burden of proof is on the complainant to prove that the reason he was terminated was because of his physical disorders. Such a finding was made by the department and, being a finding of fact, is…