The United States Court of Appeals for the Seventh Circuit, whose jurisdiction includes Wisconsin, recently issued a decision in a case involving an employee’s claims of retaliation by her public employer under Title VII. Robertson v. Dep’t of Health Servs., 949 F.3d 371 (7th Cir. 2020). The employee claimed that she was denied a promotion despite…
Employee absences due to the use of federal and state protected leave entitlements can create hardships for employers. Employee absences can be disruptive, cause overtime, delay projects, or present other similar hardships and frustrations for employers. As a result, it is in some instances in the employer’s interest to evaluate potential abuses of protected leave…
New Wisconsin Law Provides Added Flexibility for Providing Notice of Special Meetings to School Board Members
- February 14, 2020
On February 5, 2020, 2019 Wisconsin Act 96 (Act 96) was enacted into law and subsequently became effective on February 6, 2020. Act 96 takes an important step in modernizing the manner in which school boards may notify their school board members of upcoming special meetings. In its previous form, Wis. Stat. § 120.11(2) provided…
Court Approves of School District Plan to Restrict Parent’s Communications with School District Personnel
- February 11, 2020
A school district can lawfully limit parents’ communications with a school district and its personnel according to a recent federal court of appeals decision. L.F. et. al. v. Lake Washington School Dist., #414, No. 18-35792 (9th Cir. 1/17/20) (“Lake Washington School District”). Introduction School districts’ communications with parents[1] can be challenging and present a bedeviling subject for…
Every year, school districts across the state receive school district reorganization petitions; yet, the process of addressing such petitions can be confusing. This article will provide an overview of the process for addressing small territory detachment and attachment petitions. School district reorganizations are governed by Wis. Stat. Ch. 117. A school district “reorganization” is “the…
SEVENTH CIRCUIT COURT OF APPEALS REVISITS EMPLOYEE NOTICE REQUIREMENTS FOR UNFORESEEABLE FMLA LEAVE
- January 14, 2020
The 7th Circuit Court of Appeals recently upheld a jury verdict that a school district violated the federal Family and Medical Leave Act (FMLA) by interfering with an employee’s right to take job-protected leave. Valdivia v. Twp. High Sch. Dist. 214, 942 F.3d 395 (7th Cir. 2019). A critical issue in the case was whether the…