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Milwaukee Employment Law Blog

Paid or unpaid leave: Debate could affect Wisconsin workers

Many workers with families often worry about becoming sick or their children becoming sick. Having to take unpaid leave can run the risk of putting a family in a financial struggle due to lost wages. The idea of employers being required to allow employees sick days with pay has been taken up in many states. However, some employers see paid sick days as too costly for their companies, and some locations which adopted the policy, including a Wisconsin city, have reversed the decision.

While there are standards in place for those covered under the Family and Medical Leave Act, the law ensures a covered employee will not be terminated due to extended leave, not that they are entitled to paid leave. The days permitted for absence under the Act are for unpaid leave, which employers see as being better for company expenses. A measure was passed in Milwaukee that allowed nine paid sick days, but that ruling was later reversed. Employers are not required to provide paid sick days, and lack of requirement could be detrimental to some employees.

Did sexual orientation discrimination cost Wisconsin man a job?

A Wisconsin man is alleging that his offer of employment was wrongfully rescinded because of a perception that he is gay.

Wisconsin has laws that protect workers from employment discrimination based on sexual orientation or identity. These laws not only protect workers who are gay, lesbian, bisexual or transgender, but also those workers who are inaccurately perceived as such.

OSHA whistle-blower wins significant retaliation lawsuit

We often discuss the fact that employers in Wisconsin are prohibited by law from retaliating against employees who report wrongdoing, such as discrimination or harassment. Federal employees have very specific legal protections in this regard. The Whistleblower Protection Act, which was passed 1989, offers protections to federal employees who report the misconduct of the agencies they work for, allowing them to obtain compensation if they are retaliated against.

One of the largest settlements ever approved under this law was just issued this week. The U.S. Department of Labor has agreed to pay the former Occupational Safety and Health Administration's lead record-keeping official $820,000.

New diagnostic guidelines may lead to ADA requests

As we often discuss in this blog, employers here in Wisconsin are required to make certain accommodations for employees with disabilities. Under the Americans with Disabilities Act, employers must provide changes to a workplace or role--reasonable accommodations--in order to allow workers with disabilities to perform their jobs. Examples of such accommodations include modifying equipment, such as adding computer screen magnifiers or adjusting desk height, and adjusting schedules, among other things.

The Americans with Disabilities Act applies to those with physical, mental or intellectual disabilities. Some employers believe that the number of requests for accommodations for mental disabilities may soon rise because of new standards for diagnosing psychiatric conditions.

Wisconsin missed deadline for false claims act legislation

We discuss the federal False Claims Act quite a bit in this Milwaukee Employment Law Blog. The False Claims Act allows citizens to file lawsuits on behalf of the government against individuals and organizations that are defrauding the government. The qui tam provision of the False Claims Act allows these whistle-blowers to share in any financial recovery that results from the lawsuit. The False Claims Act is a very important federal statute, and Congress has been pushing states to enact similar state false claims laws, too.

Congress is particularly interested in motivating states to write false claims laws that would help fight Medicaid fraud. In 2005, the federal Deficit Reduction Act allowed states who adopted such laws to receive 10 percent of any settlements resulting from Medicaid fraud cases.

Proposed Unemployment Insurance Changes Threaten Benefits

Yesterday, Wisconsin State Legislature's Joint Finance Committee, a 16-member standing committee, proposed substantial changes to the Unemployment Insurance system, including big changes to the definition of "misconduct" in unemployment insurance cases.

Hostile-environment sexual harassment is subject of EEOC lawsuit

Some Wisconsin residents might not be aware that sexual harassment in any form is not only impolite and in poor taste, but it is also very clearly illegal. When it comes to employment, sexual harassment is generally divided into two categories: quid pro quo and hostile environment.

Quid pro quo is a situation in which a person is asked to fulfill a sexual demand in order to avoid poor treatment at work or to obtain favorable treatment. For example, a person might be asked to perform a sex act in order to receive a raise, or in order to avoid being fired. Hostile work environment sexual harassment takes place when an employee is subjected to generally unwelcome sexual behavior or communications in the workplace. Many people tend to be less aware of their employment rights when it comes to hostile work environment sexual harassment.

Can employers return workers to different jobs after FMLA leaves?

When family or medical needs require a Wisconsin resident to take time off work, there are state and federal laws that come into play. Under the Wisconsin Family and Medical Leave Act, private and public employers who have at least 50 employees must provide unpaid, job-protected medical or family leaves to workers who have put in at least 1,000 hours in the previous 52 weeks. Under the Wisconsin FMLA, workers can take up to six weeks of leave annually for the birth or adoption of a child, and two weeks for serious health conditions.

The federal Family and Medical Leave Act offers more leave, but it may apply to fewer employers and employees in Wisconsin. Under the federal FMLA, 12 weeks of leave must be offered in a 12-month period for childbirth or adoption, a health condition, or to care for a family member with a serious health condition. One of the most important aspects of both of these laws is that they require leaves that are job-protected. But, what exactly does that mean?

Disability Insurance Awareness Month is here

May is Disability Insurance Awareness Month, which means it is a good time for Wisconsin residents to make sure that they understand their disability options. Disability insurance is an important lifeline for those who become disabled before retirement, and this happens much more frequently than most people realize. The Social Security Administration estimates that one-quarter of today's 20-year-olds will become disabled prior to retirement.

Wisconsin residents may have access to a group disability plan, an individual disability plan, a supplemental disability plan and/or Social Security disability insurance.

EEOC files genetic information discrimination lawsuit

We write quite a bit about the Americans with Disabilities Act in this Milwaukee Employment Law Blog. Many employers and employees in Wisconsin are aware that this federal law bars employers from discriminating against workers or job applicants on the basis of a real or perceived disability. Another law that is closely tied to the ADA is the Genetic Information Nondiscrimination Act. This act was just passed into law in 2009, and many employers do not understand what this requires of them.

GINA prohibits employers from requesting genetic information from their employees or from applicants during the hiring process--typically, their family medical histories. Earlier this week, the U.S. Equal Employment Opportunity Commission filed its second ever lawsuit under GINA.

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