(Download) "World Mart, Inc. v. Ditsch" by Supreme Court of the United States # eBook PDF Kindle ePub Free

eBook details

Title: World Mart, Inc. v. Ditsch
Author : Supreme Court of the United States
Release Date : January 21, 1993
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

The essential issue presented by this Petition for Judicial Review of the Findings of Facts, Conclusions of Law and Order by the Wyoming Fair Employment Commission of the Department of Employment of the State of Wyoming (Commission) is the sufficiency of the evidence and other matters of record to justify the relief ordered in favor of James A. Ditsch (Ditsch), a handicapped worker. The hearing officer for the Commission found Ditsch had been passed over for promotion and, subsequently, demoted because of unlawful handicap discrimination. American Handicapped Workers (AHW), as employer, contends that, because the person selected for the promotion also was handicapped, Ditsch did not sustain his burden of proof, and the employer is entitled to select the person most qualified for a position so long as there was no discrimination against a handicapped person. In addition, collateral issues are presented relating to proof of damages and the propriety of that aspect of the order requiring AHW to implement an affirmative action plan. We are satisfied there is no error in this proceeding that would justify a reversal of the order of the Commission. We affirm the Findings of Facts, Conclusions of Law and Order by the Commission.