Employment — sex discrimination

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Wisconsin Court of Appeals

Civil

Employment — sex discrimination

Where an employer gave inconsistent explanations for disparity in pay between a male and female employee, LIRC reasonably found the employer guilty of discrimination.

“During the administrative proceedings, Rice Lake Harley attempted to explain why it did not reduce Dodge’s salary when he was demoted in January 2005. However, LIRC found that Rice Lake Harley’s explanations were inconsistent, and therefore not credible. For instance, Brekken initially testified he paid no attention to Dodge’s salary after Dodge was hired, but he later stated it was ‘very important’ to ‘maintain [Dodge’s] salary at a point where he would continue to be employed by Rice Lake Harley[.]’ Elsewhere, Rice Lake Harley stated it ‘felt [it] owed it to [Dodge] to maintain his salary … when his management responsibilities were eliminated’ because Dodge had ‘left a well-paying management position to become sales manager[.]’ In its amended answer to Mack’s complaint, Rice Lake Harley asserted Dodge’s higher salary was based on his superior knowledge, experience, and reputation. We defer to LIRC’s determination that Rice Lake Harley’s inconsistent explanations for failing to reduce Dodge’s pay were not credible. See Bucyrus-Erie Co., 90 Wis. 2d at 418.”

Affirmed in part, and Reversed in part.

Recommended for publication in the official reports.

2014AP13 Rice Lake Harley Davidson v. LIRC

Dist. III, Barron County, Bitney, J., Stark, J.

Attorneys: For Appellant: Schwartz, Michael D., Oakdale, Minn.; For Respondent: Rice, David C., Madison; Fox, Peter J., Monona