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MOTOLA v. LIRC

No. 97-0896.

219 Wis.2d 588 (1998)

580 N.W.2d 297

Connie J. MOTOLA, Petitioner-Appellant, v. LABOR & INDUSTRY REVIEW COMMISSION and City of New Berlin, Respondents-Respondents,

Supreme Court of Wisconsin.

Decided June 30, 1998.

Attorney(s) appearing for the Case

For the petitioner-appellant there were briefs (in the Court of Appeals) by Bruce F. Ehlke, Aaron N. Halstead and Shneidman, Myers, Dowling, Blumenfield, Ehlke, Hawks & Domer, Madison and oral argument by Aaron N. Halstead.

For the respondent-respondent, LIRC, the cause was argued by David C. Rice, assistant attorney general, with whom on the brief (in the Court of Appeals) was James E. Doyle, attorney general.

For the respondent-respondent, City of New Berlin, there was a brief (in the Court of Appeals) by Elizabeth A. McDuffie, Brent P. Bendrud and Krukowski & Costello, S.C., Milwaukee, and oral argument by Elizabeth McDuffie.

Amicus curiae was filed (in the Court of Appeals) by James W. Conway, city attorney and Susan M. Love and Davis & Kuelthau, Milwaukee for the City of Kenosha.

¶ 1. JANINE P. GESKE, J.

The court of appeals certified two questions to this court: (1) Under Braatz v. LIRC, 174 Wis.2d 286, 496 N.W.2d 597 (1993), may any employer limit its married employees to coverage under one health insurance policy? (2) When bringing an action under the Wisconsin Fair Employment Act, Wis. Stat. §§ 111.31-111.395 (1993-94),1

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