A Second Chance is not a Reasonable Accommodation of an Employee’s Disability
Public and private sector employers may receive requests for job-related accommodations from applicants or employees related to their disabilities. The Wisconsin Fair Employment Act and the Americans with Disabilities Act (ADA) include protections for qualified individuals with disabilities, including that an employer may not refuse to reasonably accommodate an employee or job applicant’s disability unless […]
7th Circuit Issues Decision in Case Involving School District’s Gender Identity Guidance
The U.S. Court of Appeals for the Seventh Circuit issued a decision on March 7, 2024, in a case involving a challenge to a school district’s Administrative Guidance for Gender Identity Support, as written. The Court dismissed the case because the plaintiff, a group of parents called “Parents Protecting Our Children” (PPOC), lacked standing to […]
Arrest and Conviction Record Discrimination and the Substantial Relationship Test
The Wisconsin Fair Employment Act (WFEA) prohibits employers from discriminating against employees or job applicants on the basis of an arrest record or conviction record, subject to certain exceptions. One significant exception involves the substantial relationship test. The Wisconsin Supreme Court interpreted the substantial relationship test in a decision last year, which provides helpful guidance […]
General Tips to Testifying as a Witness
We often assist clients with reviewing subpoenas, whether for testimony, to produce documents, or both. In this litigious world that we live in, it is possible that you and your staff may become involved in civil litigation or administrative processes, which may require you to testify as a witness at a deposition, hearing, or trial. […]
School Districts Obtaining Harassment Restraining Orders and Injunctions
When a school district finds itself in the difficult position of having to bar an individual from school district property and/or limit the individual’s communications with staff members to ensure the safety of students and staff, a harassment restraining order may be an option. In a previous legal update, we addressed a school district’s broad […]
Pupil Discrimination Complaints under Wis. Stat. § 118.13
The Wisconsin Department of Public Instruction (DPI) recently issued several decisions in which it addressed the legal standards that apply to pupil discrimination complaints under Wis. Stat. § 118.13. These decisions not only serve as a general reminder regarding the duty on the part of a school district to provide a nondiscriminatory educational environment, but […]
Methods for Selling School District Real Property
When a school district is considering selling real property that is no longer needed for school purposes, the school district has several methods from which to choose. This Legal Update will review several of these options. Importantly, school districts are not required to follow a specific competitive bidding process under state law, though a variation […]
Real Estate Condition Reports in Commercial Real Estate Transactions
Private and public sector clients often inquire about their obligations, if any, to provide a written real estate condition report when selling real estate. Under Wisconsin law, the obligation of a seller to provide a real estate condition report applies to the sale of real estate involving one to four dwelling units and the sale […]
Equal Pay Act Claims
This legal update provides a refresher regarding the Equal Pay Act (“EPA”). The EPA is a federal law that applies to most employers. It prohibits discrimination on the basis of sex in the payment of wages for equal work, “the performance of which requires equal skill, effort, and responsibility, and which are performed under similar […]
Court of Appeals Issues Ruling in Theft by Contractor Case
Disputes often arise during the course of construction projects, whether minor or significant in nature. At times, disputes may arise regarding payment for work performed or materials provided for the project. The Wisconsin Court of Appeals recently issued a decision in a case of this nature. In Century Fence Company v. American Sewer Services, Inc., […]
