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MCMULLEN v. LIRC

No. 88-0971.

148 Wis.2d 270 (1988)

434 N.W.2d 830

Jerry Lee McMULLEN, Petitioner-Appellant, v. LABOR & INDUSTRY REVIEW COMMISSION, and Owens-Illinois, Inc., Respondents.

Court of Appeals of Wisconsin.

Decided December 20, 1988.

Attorney(s) appearing for the Case

For the petitioner-appellant, there were briefs by Timothy E. Hawks and Dinah M. Crayton, of Hawks, Shneidman, Myers, Dowling & Blumenfield, of Milwaukee. Oral argument by Timothy E. Hawks.

For the respondent, Labor and Industry Review Commission, there was a brief by Donald J. Hanaway, attorney general, and David C. Rice, assistant attorney general. Oral argument by David C. Rice.

For respondent, Owens-Illinois, Inc., there were briefs and oral argument by Ronald S. Aplin, Johnson, Weis, Paulson & Priebe, S.C. of Rhinelander.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

This is an appeal from a judgment affirming a Labor and Industry Review Commission determination under the Wisconsin Fair Employment Act. The commission concluded that Owens-Illinois, Inc., is not required to transfer Jerry Lee McMullen, a handicapped employee, from its woodlands division to its mill division because such a transfer would impose a hardship on Owens-Illinois by subjecting it to reverse discrimination claims. However, the commission now maintains...

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