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Milwaukee Employment Law Blog

Forbes: as economy slows, age discrimination accelerates

In a recent column for Forbes, Wecruitr CEO Jack Kelly points out that in the ongoing pandemic-fueled recession, some employers are engaging in age discrimination by firing experienced employees to replace them with younger, cheaper workers.

Kelly notes that even "before the Covid-19 pandemic, there were fast-growing trends that greatly endangered the careers of older workers." The motivation, of course, is to cut costs by cutting relatively well-compensated workers in their 40s, 50s and 60s.

Regulator: Insurers cannot discriminate against transgenders

In a move in tandem with the landmark U.S. Supreme Court decision making it illegal for employers to discriminate against gay and transgender workers, Wisconsin Insurance Commissioner Mark Afable declared that the same holds true when it comes to health care coverage in the state. Most people get their health insurance through their employers, so employers must understand this.

Afable on June 29 informed health insurance companies that is it illegal to discriminate against patients based on sex and gender identity. The message made by the Wisconsin’s Office of the Commissioner of Insurance essentially prevents health insurers from prohibiting or limiting health care coverage to transgender individuals for procedures normally covered. This would include breast enhancement for transgender women and mastectomies for transgender men.

After 30 years, the ADA is still protecting disabled workers' rights

Few pieces of legislation are remembered decades after enactment. Along with the Civil Rights Act of 1964, the Clean Air Act of 1970 and 1965's Voting Rights Act, the Americans with Disabilities Act (ADA) is remembered for changing the course of history.

Signed on July 26, 1990 by President George H.W. Bush, the ADA transformed America by requiring schools, government buildings and businesses to have ramps, elevators, designated parking, curb cuts and more that enable people with disabilities to have access to places, services and goods available to everyone else.

Cognitive impairment may qualify you for long-term disability

Cognitive impairment disrupts the lives of many people in the U.S. Their personal and professional lives may be changed forever, and challenges likely surface at every turn. A person who suffers from cognitive impairment has difficulty remembering, understanding, thinking, learning new things and making decisions.

Cases can be mild or severe and disrupt many aspects of day-to-day routines. One of those areas includes work. People who suffer from severe cases of cognitive impairment may have the inability to work. Performing basic job tasks may be nearly impossible. In such scenarios, they may qualify for long-term disability benefits.

Explainer: Emotional distress damages in employment discrimination cases

Both federal and Wisconsin law prohibit employment discrimination on the basis of race, disabilities, age, religion, gender, sexual orientation and national origin. A recent Forbes column by employment law attorney Eric Bachman stated that in these cases, "the most obvious form of damages is lost pay if the employee is forced to leave the company."

However, those who have suffered on-the-job discrimination can also pursue emotional distress damages.

Former head of diversity accuses WeWork of racial discrimination

A few years ago, WeWork was one of the hottest names in commercial real estate, leasing co-working office space in dozens of major U.S. cities to start-ups, tech companies and others. Its bright arc of ascension came to a sudden stop about a year ago, however, when the company's business practices came under intense public and investor scrutiny after announcing its IPO.

WeWork's founder/CEO resigned under pressure, the effort to go public was postponed, and by year's end, a fifth of its work force had been laid off.

The most common reasons for long-term disability claims

Life is unpredictable, even for younger Americans. The onset of a debilitating condition can come quickly, sometimes with little warning.

According to federal estimates, about one in every four 20-year-olds today will become disabled before they reach the age of 67. Many of these individuals will rely on a long-term disability insurance claim to get through this period. What might be behind these claims?

Facebook accused of racial discrimination

With more than 2.6 billion active users, Facebook is easily the world's largest social media platform. The tech giant has had more than its share of controversies, however. The latest erupted a few days ago when a black Facebook employee filed a racial discrimination complaint against the social networking service.

"We have a black people problem," said Oscar Veneszee Jr. after filing the complaint with the Equal Employment Opportunity Commission (EEOC). A Navy veteran, Veneszee recruits people of color and other veterans to work for the social media platform. He says that despite Facebook's diversity hiring efforts, it has "failed to create a culture . . . that finds, grows and keeps black people at the company."

Survey: LGBT workplace discrimination still common in Wisconsin

Two weeks ago, the Supreme Court issued a landmark decision that the federal sex discrimination protections in Title VII of the Civil Rights Act extend to gay and transgender employees. The court was clear that businesses cannot discriminate against those workers in matters such as hiring, firing, pay, promotions, training, scheduling and the like.

While the court's decision was enormous, a recent survey shows that much work lies ahead in the struggle to end workplace discrimination against LGBT workers in Wisconsin.

What can I do when my long-term disability benefits end early?

When you’re receiving long-term disability benefits, you may be surprised to discover a sudden reduction in your payments. Even worse, your benefits may be terminated altogether. It’s important to understand what options are available if you find yourself in this type of situation.

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