820 Right to liability finding when no remediable harm

The fact that an employer later remedies its own discriminatory act goes to the question of damages, not to the question of liability. In this case, the Complainant received a poor performance evaluation and was denied a pay increase in retaliation for having filed a sexual harassment complaint. The fact that she subsequently received the raise that was due her does not alter the conclusion that she was the victim of illegal discrimination. Muenzenberger v. County of Monroe (LIRC, 8/13/98).

Where a Complainant established that the employer did not do an individual case-by-case evaluation to determine whether his handicap affected his ability to undertake the job-related responsibilities, the Complainant was still not entitled to any monetary remedy because the Respondent later established that the Complainant's handicap posed a reasonable possibility of danger to himself or to others if he were allowed to work as a firefighter. However, the Respondent was ordered to cease and desist from failing to evaluate the Complainant if he again applied for employment with the Respondent. Leach v. Town of Pleasant Prairie Fire Dep’t (LIRC, 04/23/91).

Upon a finding that the Complainant was not promoted in part because of race, the Respondent has the burden of proving that relief should be limited because the Complainant would not have been promoted even in the absence of discrimination due to work performance problems. Jones v. Dy-Dee Wash (LIRC, 11/04/88).

Where an employer’s refusal to hire a job applicant was discriminatory, the applicant was entitled to a finding of discrimination. However, no further relief was awarded because the Complainant had made misrepresentations on his application form which would have rendered him subject to dismissal at any time. Broeske v. American Can (LIRC, 02/16/79).

A female applicant who was rejected on the employer's assumption that women could not perform the job was entitled to a finding of discrimination, but not placement in the job or back pay where she was actually unqualified for the position. Wehrwein v. Atlas Forgings (DILHR, 04/25/77); Boettcher v. Doyle (LIRC, 05/19/77).

A security guard who was unlawfully transferred on the basis of race was entitled only to a finding of discrimination where there was no evidence that the employee's subsequent transfer and voluntary termination were on account of his race. Waldo v. Milwaukee Metro Security (DILHR, 04/08/76).

An employee was entitled to a determination as to whether or not her employer and union had discriminated against her even though she had been transferred to the job she sought. Watkins v. DILHR, 69 Wis. 2d 782, 233 N.W.2d 360 (1975).