00-1956 Milwaukee Board of School Directors v Labor and Industry Review Commission

Listen to this article

The Milwaukee Board of School Directors (the board) appeals from an order affirming the findings of the Labor and Industry Review Commission (the commission), which concluded that the board, in violation of the Wisconsin Fair Employment Act (WFEA), unlawfully discriminated against Mark Moore by refusing to re-hire Moore as a Boiler Attendant Trainee based on his criminal record. The board offers two arguments on appeal: (1) that the commission’s decision is not entitled to great weight deference by this court; and (2) that the commission erred in concluding that the circumstances of Moore’s felony conviction for “injury by conduct regardless of life” did not “substantially relate” to the job of Boiler Attendant Trainee under Wis. Stat. sec. 111.335(1)(c). We conclude that the commission’s decision is entitled to great weight deference; and we conclude that the commission correctly determined that the board’s refusal to rehire Moore violated the WFEA; therefore, we affirm. Not recommended for publication in the official reports.