Johnson v. Labor & Industry Review Commission

James Johnson appeals a judgment affirming the Labor and Industry Review Commission's dismissal of Johnson's age discrimination suit against the City of Superior Fire Department (SFD). LIRC held Johnson's complaint failed to state a claim because § 111.33(2)(f), Stats., permits an employer to exercise an age distinction with respect to certain employment in which the employee is exposed to physical danger or hazard, including fire fighting. Johnson argues that the SFD waived this statutory defense by failing to raise it. Alternatively, Johnson argues that even if the SFD did not waive this…