Those articles, however, have not considered a court’s right to vacate the award of an arbitrator based upon a violation of public policy. Recently, however, the Supreme Court of Wisconsin was faced with just such an issue. Indeed, the facts detailed in the court’s July 21 opinion in Sands v. Menard Inc. are of particular interest as they relate to the Rules of Professional Conduct and an arbitrator’s authority to reinstate a discharged attorney to her position as the lawyer of the employer.

The case involved Dawn Sands, an attorney with Menard Inc., who was fired from her position as executive general counsel. According to the opinion, she contended that the company had engaged in gender-based pay discrimination for several years and retaliated against her when she complained. The case was heard before a panel of three arbitrators whose qualifications set forth in the dissenting opinion reflected that they were all very experienced in the area of employment law. The majority opinion recounts in great detail the activities allegedly engaged in by the defendant company, which, if believed, clearly warranted a substantial award in favor of Sands. And, indeed, the panel entered an award for back wages, liquidated damages, disparate pay, emotional distress, punitive damages and attorney fees in the total sum of $1,778,280.96, the opinion said.

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