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SACRED HEART SCHOOL BOARD v. LIRC

No. 89-1906.

157 Wis.2d 638 (1990)

460 N.W.2d 430

SACRED HEART SCHOOL BOARD and Sister Hilda Hersant, Petitioners-Appellants, v. LABOR & INDUSTRY REVIEW COMMISSION and Marilyn Sullivan, Respondents.

Court of Appeals of Wisconsin.

Decided August 8, 1990.

Attorney(s) appearing for the Case

On behalf of the petitioners-appellants, the cause was submitted on the briefs of Bruce B. Deadman of Everson, Whitney, Everson & Brehm, S.C., of Green Bay.

On behalf of the respondents, the cause was submitted on the briefs of Kenan J. Kersten and Leslie Van Buskirk of Kersten & McKinnon, S.C., of Milwaukee and Donald J. Hanaway, attorney general, and David C. Rice, assistant attorney general.

Before Nettesheim P.J., Brown and Scott, JJ.

BROWN, J.

Sacred Heart School Board and its school principal both appeal an order affirming the Labor and Industry Review Commission's (LIRC) decision that the Equal Rights Division (ERD) does not violate the first amendment by conducting a hearing on the age discrimination complaint of a teacher in a religious elementary school. Because we hold that the ERD violated no constitutional rights when determining whether a religious-based reason was in fact the reason...

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