In Schultz v. LIRC (2017AP1169), the Court of Appeals District II found credible and substantial evidence to support a Labor and Industry Review Commission (LIRC) decision that Manitowoc County discriminated against an employee who was laid off and not rehired for a different position.

While working for Manitowoc County as a highway patrolman, Scott Schultz requested to be removed from flag duty due to a back injury. Schultz did not provide medical documentation, so the request was not considered an accommodation for disability. Several years later, Schultz was laid off along with 16 other employees. Many of these employees applied for new highway maintenance worker positions. Schultz applied, but the county did not grant him an interview. Schultz filed a complaint that the county discriminated against him based on his back disability in its decision to terminate and not rehire him.

In an appeal to LIRC, LIRC concluded that Schultz’s back condition was not considered a disability under Wisconsin statutes. Even if it was considered a disability, LIRC determined the condition was unrelated to the county’s decision to terminate and not rehire him.

The appeals court found the testimony of the Manitowoc County interviewers stating that Schultz’s attitude and people skills were subpar to other candidates substantial enough evidence to uphold the LIRC decision.