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November 2014 Archives

Protection against disability discrimination at work

The Fair Employment Law in Wisconsin prohibits employers from discriminating against an employee due to his or her disability. This law applies to almost all public and private companies regardless of how many employees it has. Furthermore, the federal Americans with Disabilities Act provides protection from disability discrimination to employees working for companies with more than 15 employees.

Worker protections under FMLA

Under the Family Medical Leave Act, qualified employees in Wisconsin may take unpaid leave in certain situations. Employers are not allowed to take any action that may abridge, deny or otherwise make it not possible for an employee to take leave if they are eligible to do so. Furthermore, employers are not allowed to take any type of retaliatory action against any employee who exercises his or her rights under the act.

What are the requirements for the FMLA?

Employers in Wisconsin with 50 or more employees are required by state and federal law to grant their employees medical leave in certain situations. The Family and Medical Leave Act was passed by Congress in 1993, and the Wisconsin Family and Medical Leave Act added to and amended certain provisions of the federal law.

Appellate ruling in whistleblower case could affect WI law

A recent federal appellate court ruling in a whistle-blower case has the potential to affect how Wisconsin and other states handle whistle-blower discrimination and retaliatory discharge claims. In its ruling, the court overturned a district court's decision to dismiss a whistle-blower claim. The appeals court also ruled the whistle-blower has a right to a jury trial on his claim.

Wisconsin laws could be effected by pending Supreme Court case

Wisconsin workplace pregnancy discrimination laws have the potential to be effected by a case that is headed for the U.S. Supreme Court. A woman's lawsuit against UPS for placing her on unpaid leave instead of putting her on light duty during her pregnancy will be heard by the court, according to reports.

Preventing disability discrimination in the workplace

The Wisconsin Department of Workforce Development has released a publication concerning the rights persons with disabilities possess in regards to employment. Qualified people with disabilities are protected under the Wisconsin Fair Employment Law. Disability discrimination is also prohibited under the Americans with Disabilities Act, which applies to employers with 15 or more employees.

Are there any exceptions in regards to the FMLA?

New Wisconsin mothers who seek time off under the Family and Medical Leave Act may find that exceptions in the existing legislation provide their employers with various legal grounds to deny them benefits. Although this law ostensibly guarantees 12 weeks of unpaid leave for new parents of both genders, employers can potentially avoid their obligations in a number of ways.

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