In Rosneck v. LIRC (2018AP1179), the Court of Appeals District IV upheld a Labor and Industry Review Commission (LIRC) decision that the University of Wisconsin-Madison did not discriminate against employee Karen Rosneck when it declined to reclassify her position.

During a state reallocation survey of library services assistant positions, Roscneck requested administrators reclassify her from her current paraprofessional position as a library services assistant-advanced to the professional position of librarian. After an audit of her position, the administration declined to reclassify her. Rosneck filed a complaint alleging UW violated the Wisconsin Fair Employment Act by discriminating against her based on her age, sex, and prior discrimination complaints. LIRC decided against Rosneck, finding no evidence of discrimination.

The court of appeals upheld LIRC’s decision. Regarding her complaint of discrimination based on prior complaints, the court found the UW employees evaluating Rosneck’s position were likely unaware of her previous complaints. The court dismissed Rosneck’s complaint that another male employee was reclassified quicker because the male employee requested a horizontal move to another paraprofessional position, while Rosneck requested a more substantial move from a paraprofessional to professional position. Overall, there was substantial evidence to support LIRC’s decision that UW did not discriminate against Rosneck.