Legal Opinion · Dissent

Crystal Lake Cheese Factory v. Labor & Industry Review Commission

Wisconsin Supreme Court

Decided July 11, 2003No. 02-0815Published

1Dissent

*242DAVID T. PROSSER, J.

¶ 84. (dissenting). The majority opinion does not reasonably accommodate the interests and rights of Wisconsin employers.

¶ 85. By ruling in favor of Susan Catlin, the Labor and Industry Review Commission (LIRC) incorrectly interpreted the Wisconsin Fair Employment Act's (WFEA) ban on employment discrimination on the basis of disability. LIRC held that the WFEA requires an employer to "accommodate" an applicant or employee that cannot perform all the applicant or employee's necessary job responsibilities, even with reasonable accommodations. I strongly disagree with this…

2Cases cited9 opinions

  1. UFE Inc. v. Labor & Industry Review CommissionWisconsin Supreme Court · 1996
  2. Harnischfeger Corp. v. Labor & Industry Review CommissionWisconsin Supreme Court · 1995
  3. Drivers, Salesmen, Warehousemen, Milk Processors, Cannery, Dairy Employees & Helpers Local No. 695 v. Labor & Industry Review CommissionWisconsin Supreme Court · 1990
  4. Brauneis v. State, Labor & Industry Review CommissionWisconsin Supreme Court · 2000
  5. Stores v. Labor & Industry Review CommissionCourt of Appeals of Wisconsin · 1998

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