City of Onalaska v. State Labor & Industry Review Commission

David Bentzen appeals from a judgment reversing an order by the Labor and Industry-Review Commission that the City of Onalaska reinstate him to his position of police trainee. LIRC concluded that Bentzen’s discharge constituted discrimination because of his arrest record, contrary to sec. 111.32(5) (h)2., Stats. 1979-80.1 The issue is whether an employer discriminates if the employer discharges an employe because the employer believes on the basis of its investigation that the employe has engaged in an illegal activity. The trial court held that such a discharge is not discrimination and…