834.2 Remedies for loss of seniority

An award of retroactive seniority to the date an applicant would have been hired but for handicap discrimination did not exceed DILHR’s authority. The expectations of other employees which may have arisen from the seniority system are superseded by the Act, which furthers a strong public policy interest. Milwaukee County v. LIRC (Lade)(Dane Co. Cir. Ct., 09/07/78); Soo Line R.R. v. LIRC (Bergeman) (Dane Co. Cir. Ct., 09/07/78).

Two females who had forfeited their seniority under discriminatory transfer rules should have that seniority reinstated. Haug v. Ohio Med. Products (DILHR, 08/05/75).

Where an employer maintained unlawful seniority units and a no-transfer policy, female employees who had been denied transfers could bid on any job on a plant-wide seniority basis, and one female employee whose transfer bid had been denied in favor of a less senior male was allowed that transfer. Bruce v. Parker Pen (DILHR, 11/14/72).