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PLUSKOTA v. ROADRUNNER FREIGHT SYSTEMS, INC.

No. 93-0455.

188 Wis.2d 288 (1994)

524 N.W.2d 904

Daryl PLUSKOTA, Petitioner-Respondent, v. ROADRUNNER FREIGHT SYSTEMS, INC., Respondent-Appellant, DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS, Respondent-Co-Appellant.

Court of Appeals of Wisconsin.

Decided October 11, 1994.

Attorney(s) appearing for the Case

For the respondent-appellant the cause was submitted on the briefs of Michael, Best & Friedrich, with Scott C. Beightol and Linda L. Hale, of Milwaukee.

For the respondent co-appellant the cause was submitted on the briefs of James E. Doyle, attorney general, and David C. Rice, assistant attorney general.

For the petitioner-respondent the cause was submitted on the briefs of Perry, Lerner & Quindel, S.C., with Peter Guyon Earle, of Milwaukee.

Amicus Curiae brief was filed by Alan J. Thiemann of Taylor Thiemann & Aitken of Alexandria, Virginia, David W. Arnold of Reid Psychological Systems of Chicago, Illinois, and William E. McCardell and Paul G. Kent of DeWitt, Porter, Huggett, Schumacher & Morgan, S.C. of Madison, Wisconsin, for The Association of Test Publishers.

Before Wedemeyer, P.J., Sullivan and Schudson, JJ.

SCHUDSON, J.

This case considers whether written employee honesty tests, which do not measure physiological responses, are "unfair honesty tests" regulated by the Wisconsin Fair Employment Act (WFEA). See §§ 111.31-111.395, STATS. (1989-1990). Roadrunner Freight Systems, Inc., and the Wisconsin Department of Industry, Labor and Human Relations (DILHR) appeal from the trial court decision reversing DILHR's determination that such tests are not "unfair...

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