April 25, 2025 -- Favorable Wisconsin Supreme Court Decision
On April 10, 2025, the Wisconsin Supreme Court issued a decision affirming a commission decision in an equal rights case which found that the complainants were discriminated against based upon arrest record. Oconomowoc Area School District v. Cota, 2025 WI 11, __Wis. 2d __, __N.W.2d__. The complainants, two brothers, were suspected of stealing scrap metal money from the employer. The employer conducted an investigation into the missing money, but the results were inconclusive. It therefore turned the matter over to the local police department which, without obtaining any additional information, cited the complainants for municipal theft. The city attorney subsequently advised the employer that he believed the complainants were guilty and that they would be entering into a plea agreement and paying restitution. Upon receiving this information, the employer discharged the complainants. The citations against the complainants were ultimately dismissed and the complainants never pled guilty to, or were convicted of, theft. The commission found arrest record discrimination under these facts.
In its decision, the Supreme Court found that the term "other offense," as used in the arrest record statute, was not limited to criminal offenses, but also included municipal ordinance violations. The Court went on to find that substantial evidence supported the commission's conclusion that the complainants were discharged based upon arrest record information, specifically the fact that the complainants were cited for municipal theft and that the city attorney told the employer he believed he could convict them but anticipated reaching a settlement. In reaching that conclusion, the Court rejected the employer's argument that, since it had conducted its own investigation, the Onalaska defense applied. Recognizing the narrow impact of Onalaska, the Court stated, "Onalaska holds simply that an employer who does not rely on arrest-record information when making a discharge decision does not discriminate against an employee because of their arrest record." Here, the employer did rely on arrest record information in making the discharge decision, notwithstanding the fact that it conducted an investigation on its own. Therefore, the commission's decision was affirmed.
March 17, 2025 -- U.S. Supreme Court to Hear UI Case
On March 14, 2024, the Wisconsin Supreme Court issued a decision affirming the commission’s decision that Catholic Charities and related sub-entities, which provide job training, food service, and other support to elderly individuals and people with disabilities, are not exempt from participation in the UI program because, although they are controlled or supervised by a church, they are not operated primarily for religious purposes. Catholic Charities Bureau, Inc. v. LIRC, 2024 WI 13, 411 Wis.2d 1, 3 N.W.3d 666. In arriving at that conclusion, the Court examined the motivations and the activities of the organization and concluded that, while the motivation may be religious, the activities are primarily secular. In reaching its decision, the Court addressed and rejected a First Amendment challenge raised by Catholic Charities. Catholic Charities appealed to the U.S. Supreme Court, arguing that the decision raised constitutional issues. The U.S. Supreme Court has accepted the case, and oral argument will be held on March 31, 2025.
July 25, 2022 -- LIRC Amended Rules
LIRC has amended its rules effective August 1, 2022. A link to the new rule can be found here: Chapter LIRC 1.
December 9, 2021 -- LIRC Notice of Hearing
LIRC announces that it will hold a public hearing on a permanent rule revising chs. LIRC 1 to 4 relating to the commission's rules of procedure. The date, time, and instructions for attending the hearing can be found on the Notice of Hearing. The proposed order is here.
November 22, 2021 -- LIRC Rule Update
LIRC is the process of updating its rules to reflect address changes and law changes since the last revision in 2006. The rule order scope statement approved by Governor Evers on July 29, 2021, and the proposed changes are here.
Comments on the proposed changes are welcome. Please direct any comments to LIRC@wisconsin.gov.
