CHICAGO, M., ST. P. & P. RR. CO. v. ILHR DEPT.

No. 139.

62 Wis.2d 392 (1974)

215 N.W.2d 443

CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Appellant, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS, Respondent.

Supreme Court of Wisconsin.

Decided March 5, 1974.


Attorney(s) appearing for the Case

For the appellant there was a brief by Godfrey, Trump & Davidson, attorneys, and Richard R. Robinson of counsel, all of Milwaukee, and oral argument by Mr. Robinson.

For the respondent Department of Industry, Labor & Human Relations the cause was argued by Gordon Samuelsen, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.


HANLEY, J.

Two issues are presented on this appeal:

1. Is there substantial evidence to sustain the finding that the employer committed an act of discrimination against Vern C. Goodwin by terminating his employment on the basis of an alleged handicap?

2. Was the department's order overbroad?

In the instant action, the complaint charged that he was discriminated against on the basis of handicap. Thus, the burden of proof is on the complainant...

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