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 […]
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 […]
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 […]
Best Practices For Litigation Holds
When a public or private entity receives notice of an actual or potential claim or lawsuit, one of the first steps it should take is to implement a litigation hold. In general terms, a litigation hold is a directive to preserve documents, including electronically stored information, and other tangible items that may be relevant to […]
Restrictive Covenants on Real Property
In addition to restrictions contained in municipal zoning regulations, landowners, including developers, sometimes place restrictions on the manner in which real property may be used or improved for future owners of the real property. These restrictions, called “restrictive covenants,” often become relevant when an individual or entity is considering purchasing or selling the property to […]
School Construction and Building Maintenance Projects During the COVID-19 Pandemic
With public school districts closed for purposes of in-person pupil instruction and extra-curricular activities for the remainder of the school year, many school districts are considering moving up construction and building maintenance projects that were previously scheduled to commence in the summer. In addition, some school districts had already commenced construction and building maintenance projects […]
