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Braatz v. Labor & Industry Review Commission

Supreme Court of Wisconsin
496 N.W.2d 597 (Wis. 1993)


The Maple School District (the District) offered health benefits to its teachers through a collective-bargaining agreement. The agreement included a non-duplication policy, which prohibited married teachers receiving health insurance through a spouse’s employer from also receiving insurance through the District. Thus, married teachers were required to elect between receiving insurance through the District and receiving insurance through a spouse’s employer. Single teachers who had duplicate coverage from other sources were not required to make such an election. The Labor and Industry Review Commission (LIRC) (defendant) determined that the District’s non-duplication policy did not constitute marital-status discrimination under the Wisconsin Fair Employment Act (WFEA). The determination of the LIRC was challenged by Theodore Braatz and other District teachers (plaintiffs), and the circuit court found that the LIRC’s determination was improper. The court of appeals affirmed. The LIRC appealed.

Rule of Law


Holding and Reasoning (Steinmetz, J.)

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