Melli and Dennis M. Melli, Madison, WI. For the respondent there was a brief by Bronson C. Hoornstra, Asst. Attorney General, and oral argument by Charles D. Attorney General. We affirm. It negotiated a sickness and disability plan with a union representing certain of its employees. Goodyear's plan provides weekly disability benefits for the duration of a disability not to exceed 52 weeks, except that in the case of disabilities due to pregnancy weekly benefits are limited to six weeks.
Two of appellant's employees, Julia L. Lince and Vicki Bloedow, became pregnant during their employ. They sought and were denied benefits exceeding six weeks disability under the negotiated sickness and disability plan. August 28, , Julia A. Lince filed her complaint against Goodyear with the department alleging that the plan discriminated against her on the basis of sex. October 26, , Vicki Bloedow filed a similar complaint. The complaints were consolidated for hearing by the department.
November 22, , the department found the disparate treatment of pregnant women under the plan is sex discrimination within the meaning of the Wisconsin Fair Employment Act, secs. Should holdings of the Wisconsin Supreme Court that pregnancy classifications may constitute sex discrimination under sec.
Lince and Ms. Bloedow began their maternity leaves in and , respectively. All references are therefore to the Wisconsin Statutes unless otherwise noted.
For an employer. Gilbert, U. Goodyear argues that its plan does not constitute intentional discrimination based on gender; that its plan does not have a disparate effect based on gender; and that the Wisconsin Fair Employment Act must be construed consistently with Title VII and General Electric v.
