Insights Archive

Formal Medical Diagnosis Not Required at Time of Wisconsin Fair Employment Act Accommodation Request, State Court Rules

In a decision providing guidance to employers facing requests for health-related accommodations, the Wisconsin Court of Appeals held in Wingra Redi-Mix Inc. v. Labor and Industry Review Commission that a formal diagnosis at the time of an employee’s request for accommodation is not required to raise the protections of the Wisconsin Fair Employment Act.

Jesse R. Dill Milwaukee Author

Katlyn Q. McGarry Milwaukee Author

Five Work Streams for Employers to Consider Before a RIF

Employers often consider five key “work streams” at the initial planning stages of a reduction in force (RIF).

David J.B. Froiland Milwaukee Author

Katlyn Q. McGarry Milwaukee Author

Business Necessity of COVID-19 Screening Testing No Longer Presumed Under EEOC Guidance

At the outset of the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) took the position that the Americans with Disabilities Act (ADA) standard for conducting medical examinations (job-related and consistent with business necessity) was always met for COVID-19 viral screening testing. On July 12, 2022, the EEOC updated its position in light of the evolving nature of the COVID-19 pandemic.

Christine Bestor Townsend Milwaukee
Chicago Author

Katlyn Q. McGarry Milwaukee Author

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