Legal issues tend to drive change in the workplace. Familiarity with the law and related litigation serves as the fundamental variable in avoiding problems. Below are documents and links to pages that address a broad range of topics that pertain specifically to legal and litigation-related issues. Although every attempt has been made to provide concise and accurate information, the information posted here and on other referenced sites should not be used as a legally definitive source for information. Every attempt will be made to remain current with the most recent information pertaining to law and litigation. However, it is recommended that you always double check with your legal representatives when formulating policy and carrying through with your employment practices.
State Bar of Wisconsin LegalExplorer, Legal Q & A brings together the expertise of Wisconsin lawyers to answer commonly asked legal questions about Wisconsin law, written in easy-to-understand language. Click on the "Continue" button below, and choose a topic from the list that meets your area of interest. In addition, try searching our Resources area to access additional information, including links to related Internet sites.
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Coverage of employers
The WFEL covers all employers in Wisconsin regardless of the number of persons employed; while the ADA covers only employers of 15 or more persons.
Definition of disability
Under the WFEL, § 111.32(8), the term “individual with a disability” means an individual who:(a) has a physical or mental impairment which makes achievement unusually difficult or limits the capacity to work;(b) has a record of such an impairment; or (c) is perceived as having such an impairment. The WFEL definition does not include protection for association with a person with a disability.
Under the ADA, disability means:(a) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (b) a record of having such an impairment; or (c) being regarded as having such an impairment. The ADA definition includes protection for association with a person with a disability.
These differing definitions mean that under the ADA, employees must show a substantial limitation of a major life activity, not just inability to perform a specific job; whereas under the WFEL, an employee may show either a substantial limitation on a major life activity or a limitation in the ability to do the particular job in question. Also in contrast to the ADA, the WFEL has not been interpreted as holding that corrective or mitigating measures, such as medication, should be taken into consideration in determining whether an individual is actually disabled. Employees who have a complaint related to association with a person with a disability would have a claim only under the ADA.
Essential functions analysis
The WFEL does not require an essential functions analysis, as is required under the ADA. The WFEL requires the employer to show that the disability prevents the employee from adequately undertaking the job-related responsibilities, instead of focusing on whether the complainant can perform one or more essential functions of the job description.
Reasonable accommodation requirements
The WFEL and the ADA have been interpreted differently regarding the employer’s responsibility to provide a reasonable accommodation. The Wisconsin Supreme Court has held that it is inappropriate to conclude as a matter of law that any particular kind of action is not required as an accommodation. Each situation must be analyzed on a case-by-case basis to determine if the facts show that the accommodation would be reasonable and would not create a hardship for the employer. The WFEL may require that a job-related responsibility be restructured or removed as a reasonable accommodation, even if under the ADA it would have been considered an essential function. Wisconsin Courts have also held that an employee need not make a specific request for an accommodation if the employer knew or should have known that the employee needed an accommodation.
A document that defines terms and addresses legal issues pertaining to Reasonable Accommodations. Boardman's 'Reasonable Accommodation' Article
A document that responds to employer concerns regarding employee privacy in the workplace.
Privacy-Wisconsin and laws (pdf format)
The following document provides an overview of legal issues pertaining to employment testing.
Legal Issues of Employment Testing
