WisBusiness: Supreme Court overturns arbitration decision in Menards discrimination case

On a 4-3 vote, the state Supreme Court has overturned an arbitration decision that would have reinstated Dawn Sands’ to her position as vice president and executive general counsel following her wrongful termination from Menards.

“In this case, we conclude that by accepting reinstatement, Sands would be forced to violate her ethical obligations as an attorney,” Justice Michael Gableman wrote in the majority decision.

The decision instead sends the issue back to the circuit court to determine an appropriate amount of lost earnings to award to Sands.

In a dissenting opinion, Chief Justice Shirley Abrahamson wrote that the majority was overstepping the “very limited role courts play in reviewing arbitration awards.”

See the decision