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CREE, INC. v. LABOR AND INDUSTRY REVIEW

No. 2019AP1671.

970 N.W.2d 837 (2022)

2022 WI 15

CREE, INC., Petitioner-Respondent-Petitioner, v. LABOR AND INDUSTRY REVIEW COMMISSION, Respondent-Co-Appellant, Derrick Palmer, Respondent-Appellant.

Supreme Court of Wisconsin.

Opinion Filed: March 10, 2022.

Attorney(s) appearing for the Case

For the petitioner-respondent-petitioner, there were briefs filed by Lindsey W. Davis , Robert H. Duffy , and Quarles & Brady LLP, Milwaukee. There was an oral argument by Robert H. Duffy .

For the respondent-co-appellant, there was a brief filed by Steven C. Kilpatrick and Anthony D. Russomanno , assistant attorneys general; with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by Anthony D. Russomanno .

For the respondent-appellant there was a brief filed by Alan C. Olson and Alan C. Olson & Associates, S.C., New Berlin. There was oral argument by Alan C. Olson .

An amicus curiae brief was filed on behalf of Legal Action of Wisconsin, Inc. by Jessie Long , Sheila Sullivan , Susan Lund , and Megan Sprecher , Milwaukee.

An amicus curiae brief was filed on behalf of Wisconsin Manufacturers and Commerce by Corydon J. Fish , Madison.

KAROFSKY, J., delivered the majority opinion of the Court, in which ZIEGLER, C.J., ROGGENSACK, and REBECCA GRASSL BRADLEY, JJ., joined. DALLET, J., filed a dissenting opinion in which ANN WALSH BRADLEY and HAGEDORN, JJ., joined.

¶1 We address whether Cree, Inc. (Cree) rescinding its job offer to Derrick Palmer based on his conviction record constituted unlawful employment discrimination or instead was lawful because the circumstances of Palmer's convictions "substantially relate" to the circumstances of the job, per Wis. Stat. § 111.335(3...

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