Opinion No. Oag 18-92, (1992)

JON LITSCHER, Secretary Department of Employment Relations

You ask whether the federal Civil Rights Act of 1991, Pub.L. No. 102-166, 1991 U.S.C.C.A.N. (105 Stat.) 1071 (the CRA), which was enacted November 21, 1991, invalidated Wisconsin's expanded certification program as authorized by section 230.25, Stats. The only provisions of the CRA which appear to have that potential are sections 106 and 107 of the CRA. Though judicial and administrative interpretations of the CRA should be monitored as they are made, the answer presently appears to be no.

1. Status Before the CRA.

Voluntary affirmative…