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STATE (DEPT. OF ADMIN.) v. ILHR DEPT.

No. 76-017.

77 Wis.2d 126 (1977)

252 N.W.2d 353

STATE (DEPARTMENT OF ADMINISTRATION), and others, Appellants, v. DEPARTMENT OF INDUSTRY, LABOR AND HUMAN RELATIONS, and another, Respondents.

Supreme Court of Wisconsin.

Decided April 19, 1977.

Attorney(s) appearing for the Case

For the State of Wisconsin (Department of Administration) and University of Wisconsin-Madison there were briefs by Gilda B. Shellow, James R. Glover and Shellow & Shellow of Milwaukee, and oral argument by Gilda B. Shellow and James R. Glover.

A joint brief was filed for John T. Patzer and Madison Building Trades Council by Richard V. Graylow, Robert J. Arnot and Lawton & Cates, all of Madison; and for Department of Industry, Labor and Human Relations by Bronson C. La Follette, attorney general, and Gordon Samuelsen, assistant attorney general, with oral argument by Gordon Samuelsen and Richard V. Graylow.

A brief amici curiae for the Committee on Academic Non-Discrimination and Integrity and the Mid-America Legal Foundation was filed by John W. Finley, Jr., and Brashich, and Finley, attorneys and Michael Blinick, John Cannon and Leonard J. Theberge, of counsel, all of New York.

HANLEY, J.

The following issues are properly before this court upon appeal:

1. Was the promulgation of PERS 27 a valid exercise of power properly delegated by the legislature?

2. Does the limited hiring policy, as authorized by PERS 27, constitute discrimination in violation of the Wisconsin Fair Employment Act?

3. Does the limited hiring policy, as authorized by PERS 27 constitute discrimination in violation of Title VII of the Civil Rights...

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