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BOURQUE v. WAUSAU HOSPITAL CENTER

No. 87-0431.

145 Wis.2d 589 (1988)

427 N.W.2d 433

Adrian R. BOURQUE, Plaintiff-Appellant, v. The WAUSAU HOSPITAL CENTER and the Wausau Medical Center, Defendants-Respondents, Terrence O'ROURKE, John Olinger, Philip Aulwes and W.K. Dernbach, M.D., Defendants.

Court of Appeals of Wisconsin.

Decided June 28, 1988.

Attorney(s) appearing for the Case

For plaintiff-appellant there were briefs by Michael R. Fox and Mary E. Kennelly of Fox, Fox, Schaefer & Gingras, S.C. of Madison.

For defendant-respondent, The Wausau Medical Center, there was a brief by Randall J. Sandfort and Cassandra B. Westgate of Terwilliger, Wakeen, Piehler & Conway, S.C. of Wausau.

For defendant-respondent, Wausau Hospital Center, Inc., there was a brief and supplemental appendix by Jack D. Walker and John H. Zawadsky and Valeree D. Marek of Melli, Walker, Pease & Puhly, S.C. of Madison.

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

CANE, P.J.

Adrian Bourque appeals a dismissal of his retaliatory discrimination claims. The trial court concluded that the Wisconsin Fair Employment Act (WFEA), sec. 111.31-111.395, Stats., provided the exclusive remedy for Bourque's claims and that the statute delegated jurisdiction exclusively to the Department of Industry, Labor and Human Relations (DILHR). We agree that Bourque may not bypass legislatively mandated prerequisites for judicial relief, and affirm...

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