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CITY OF ONALASKA v. LIRC

No. 83-1229.

120 Wis.2d 363 (1984)

354 N.W.2d 223

CITY OF ONALASKA, City Clerk, and Mayor of Onalaska, Petitioners-Respondents, v. State of Wisconsin LABOR & INDUSTRY REVIEW COMMISSION, Respondent, David B. BENTZEN, Appellant.

Court of Appeals of Wisconsin.

Decided July 26, 1984.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of James G. Birnbaum and Ellen M. Frantz and Johns, Flaherty & Gillette, S.C. of La Crosse.

For the petitioners-respondents the cause was submitted on the brief of William A. Shepherd, assistant city attorney.

Before Gartzke, P.J., Dykman, J., and Rudolph T. Randa, Reserve Judge.

GARTZKE, P.J.

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...

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