Employment – discrimination

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Wisconsin Court of Appeals

Civil

Employment – discrimination — sexual orientation

Christopher Bowen appeals from a circuit court order affirming a decision of the Labor and Industry Review Commission (LIRC) that denied Bowen’s claims that he was terminated based on his sexual orientation and/or in retaliation for complaining about discrimination. Bowen argues that there was insufficient evidence to support LIRC’s findings concerning his termination, asserting that the record, including the disciplinary procedures employed, “establishes that his sexual orientation and protected activity were factors in the decision to discharge him.” (Capitalization omitted.) Bowen also argues that LIRC violated his due process rights when it “unlawfully changed the hearing examiner’s findings of fact regarding witness credibility without consulting the [hearing] examiner or explain[ing] its disagreement with the examiner.” (Capitalization omitted.) We reject Bowen’s arguments and affirm. This opinion will not be published.

2012AP2444 Bowen v. Labor and Industry Review Commission

Dist I, Milwaukee County, Martens, J., Per Curiam

Attorneys: For Appellant: Cohn, Michael J., Milwaukee; For Respondent: Moriarty, Richard B., Madison