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COULEE CATHOLIC SCHOOLS v. LABOR AND INDUSTRY REVIEW COMM.

No. 2007AP496.

768 N.W.2d 868 (2009)

2009 WI 88

COULEE CATHOLIC SCHOOLS, Petitioner-Appellant-Petitioner, v. LABOR AND INDUSTRY REVIEW COMMISSION, Department of Workforce Development and Wendy Ostlund, Respondents-Respondents.

Supreme Court of Wisconsin.

Decided July 21, 2009.

Attorney(s) appearing for the Case

For the petitioner-appellant-petitioner there were briefs by James G. Birnbaum, Ross A. Seymour, Jessica T. Kirchner, and Birnbaum, Seymour, Kirchner & Birnbaum, LLP, La Crosse, and oral argument by James G. Birnbaum.

For the respondent-respondent, Labor and Industry Review Commission, the cause was argued by David C. Rice, assistant attorney general, with whom on the brief was J.B. Van Hollen, attorney general.

For the respondent-respondent, Wendy Ostlund, there was a brief by Dawn Marie Harris and D.M. Harris Law, L.L.C., La Crosse, and oral argument by Dawn Marie Harris.

¶ 1 MICHAEL J. GABLEMAN, J.

Wendy Ostlund ("Ostlund") brought a claim alleging that she was terminated from her first-grade teaching position at a Catholic school on the basis of her age in violation of the Wisconsin Fair Employment Act ("WFEA"). The school responded that her position was "ministerial," maintaining therefore, that her suit was barred by the First Amendment of the United States Constitution. The La Crosse County Circuit Court, Dale T. Pasell,...

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