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HOELL v. LIRC

No. 93-1957.

186 Wis.2d 603 (1994)

522 N.W.2d 234

Jayne A. HOELL, Petitioner-Appellant, v. LABOR & INDUSTRY REVIEW COMMISSION and Narada Production, Incorporated, Respondents-Respondents.

Court of Appeals of Wisconsin.

Decided August 3, 1994.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Timothy S. Clark of Koch, Koch, Clark & Goldner of Elm Grove.

On behalf of the respondent Labor and Industry Review Commission, the cause was submitted on the brief of James E. Doyle, attorney general, and David C. Rice, assistant attorney general.

On behalf of the respondent Narada Production, Incorporated, the cause was submitted on the brief of David B. Kern and Carmella A. Huser of Quarles & Brady of Milwaukee.

Before Brown, Nettesheim and Snyder, JJ.

SNYDER, J.

In this sex discrimination case we are presented with the question of whether the "in part" test applied by our supreme court to mixed motive discharges under municipal and government employment laws also applies in private sector discrimination cases arising out of the Wisconsin Fair Employment Act (WFEA), §§ 111.31-.395, STATS.1 We hold that it does and therefore formally adopt the "in part" test (or "mixed motive...

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