Motola v. Labor & Industry Review Commission

¶1. The court of appeals certified two questions to this court: (1) Under Braatz v. LIRC, 174 Wis. 2d 286, 496 N.W.2d 597 (1993), may any employer limit its married employees to coverage under one health insurance policy? (2) When bringing an action under the Wisconsin Fair Employment Act, Wis. Stat. §§ 111.31-111.395 (1993-94),1 must a complainant show actual harm?

¶2. In this case, employees of a municipality each were enrolled in "single" person coverage through *591their employer's health insurance plan. Following their marriage, the municipal employees continued to carry their separate single…