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HARRISON v. LIRC

No. 96-1795.

211 Wis.2d 681 (1997)

565 N.W.2d 572

George HARRISON, Petitioner-Respondent, v. LABOR AND INDUSTRY REVIEW COMMISSION, Respondent-Co-Appellant. FRIENDS PROFESSIONAL STATIONERY, INC., Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided May 7, 1997.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant Friends Professional Stationery, Inc., the cause was submitted on the brief of Alan S. Brostoff of Milwaukee.

On behalf of the respondent-co-appellant Labor and Industry Review Commission, the cause was submitted on the briefs of James E. Doyle, attorney general, and Jennifer Sloan Lattis, assistant attorney general.

On behalf of the petitioner-respondent George Harrison, the cause was submitted on the brief of Mary Lynne Donohue and John E. Raftery of Hopp, Powell, Raftery & Bauer of Sheboygan.

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

BROWN, J.

We deem the dispositive issue in this age-discrimination case to be whether the discharged employee's physical disability made him "physically or otherwise unable to perform his . . . duties" under § 111.33(2)(a), STATS., thereby barring the employee from establishing a prima facie case. Because the employee's physical disability made him "not qualified" for the job, we hold that the employee has failed to state a prima facie claim that his employer...

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