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COULEE CATHOLIC v. LABOR AND INDUSTRY REVIEW COMMISSION

No. 2007AP496.

752 N.W.2d 341 (2008)

2008 WI App 68

COULEE CATHOLIC SCHOOLS, Petitioner-Appellant, v. LABOR AND INDUSTRY REVIEW COMMISSION, DEPARTMENT OF WORKFORCE DEVELOPMENT and Wendy Ostlund, Respondents-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed April 17, 2008.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of James G. Birnbaum, Ross A. Seymour, Jessica T. Kirchner of Birnbaum, Seymour, Kirchner & Birnbaum, LLP, La Crosse.

On behalf of the respondent-respondent, Labor and Industry Review Commission, the cause was submitted on the brief of David C. Rice, assistant attorney general, and J.B. Van Hollen, attorney general.

On behalf of the respondent-respondent, Wendy Ostlund, the cause was submitted on the brief of Dawn Marie Harris and Ryan D. Olson of O'Flaherty Heim Egan, Ltd., La Crosse.

Before HIGGINBOTHAM, P.J., VERGERONT and LUNDSTEN, JJ.

¶ 1 VERGERONT, J.

The issue on this appeal is whether the "ministerial exception," grounded in the First Amendment, precludes adjudication of Wendy Ostlund's age discrimination complaint filed against Coulee Catholic Schools (CCS). The Labor and Industry Review Commission (LIRC) concluded it does not, and the circuit court affirmed. We conclude that the ministerial exception does not apply to Ostlund's position as a first-grade teacher. CCS does not argue that...

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