Mental health conditions such as anxiety, depression, and panic attacks can qualify for FMLA leave in Wisconsin when the conditions meet the definition of a “serious health condition.” Both the Federal Family and Medical Leave Act (FMLA) and the Wisconsin Family and Medical Leave Act (W-FMLA) apply. Eligibility to Take FMLA or W-FMLA Leave Federal FMLA (FMLA) (up to 12 workweeks of unpaid, job-protected leave in a 12-month period): • Worked for a covered employer for at least 12 … [Read more...]
Employment Discrimination Articles
Alan C. Olson and Associates Milwaukee Wisconsin Employment Discrimination Lawyer Articles and News
Impact of Arrest and Conviction Records on Employment
Title VII of the 1964 Civil Rights Act, applicants and employees are protected from employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or transgender status), national origin, age (40 or older), disability and genetic information (including family medical history). While employment discrimination laws offer broad protections, they do not extend protected class status to individuals with criminal records. Title VII does not recognize … [Read more...]
Higher Education Employment Law Disputes
Wisconsin higher education faculty, academic staff, and administrators frequently encounter employment law disputes arising from tenure systems, peer review processes, research expectations, and institutional policies. Public institutions within the University of Wisconsin (UW) System are governed by the Board of Regents and its specific policies regarding appointments, grievances, and due process. Private institutions, however, follow their own individual contracts and handbooks while … [Read more...]
Weaponizing PIP for Employment Termination
While framed as a tool to encourage improvement, PIPs may serve as a precursor to further discipline or dismissal. In an employment law context, a Performance Improvement Plan (PIP) is a formal, written document employers use to address an employee’s perceived performance deficiencies; a PIP typically details specific shortcomings, sets measurable improvement goals, provides resources or support, and warns of consequences—such as termination—if the employee fails to meet expectations. PIPs … [Read more...]
Wisconsin Multi Plaintiff and Class Action Discrimination
When there is a work culture where discrimination is widespread or unlawful practices go unchecked involving pay, benefits or leave - many employees may be affected leading one or more to seek legal advice. When the unlawful behavior is endemic, the case may qualify as a class action lawsuit. Most class actions (especially employment-related ones) start with one or a handful of individuals who feel they've been wronged and their attorney recognizes the potential for a much larger case, which … [Read more...]
What is a Hostile Work Environment?
Unfortunately, all too many employees have experienced discrimination of one kind or another on the job, often making 'going to work' intolerable. The scenarios provided are not uncommon and may very well constitute a hostile work environment which is a specific type of unlawful harassment under federal statutes enforced by the U.S. Equal Employment Opportunity Commission (EEOC). Key Requirements (all must be met): Examples of qualifying conduct (when tied to a protected … [Read more...]
EEOC 2024 Workplace Harassment Guidance Withdrawn
Last month, the U.S. Equal Employment Opportunity Commission (EEOC) voted to rescind its 2024 “Enforcement Guidance on Harassment in the Workplace”, marking a significant shift in federal workplace discrimination policy. Looking Back at 2024 Enforcement Guidance on Harassment The 2024 guidance was a comprehensive update to the EEOC’s approach to workplace harassment, representing the first major revision in over two decades. Its aim was to provide clarity for employers, employees, and … [Read more...]
Denied Disability Benefits for Long COVID
Employees across the country are increasingly applying for short and long term disability benefits related to long COVID, also known as post-COVID syndrome, which causes debilitating health problems that can last months and years after an initial COVID-19 infection. Recent data reveals that there has been a surge in permanent disability claims for long COVID and national projections are that over 39 million Americans will be dealing with long COVID by the close of 2025 contributing to a mass … [Read more...]
Workplace Digital Harassment Claims
Digital harassment also known as cyberbullying or online harassment refers to repeated, unwelcome conduct via social media, emails, texts, or other digital platforms that targets an employee based on protected characteristics (e.g., race, sex, age, disability, religion, or national origin). This can include posting derogatory comments, sharing manipulated images, unwanted advances, or spreading rumors. Under U.S. federal law such conduct is unlawful if it creates a hostile work … [Read more...]
Job Discrimination Over Arrests and Convictions
Individuals with arrest or conviction records in Wisconsin face unique challenges in the job market, but fortunately, state law provides strong protections against discrimination under the Wisconsin Fair Employment Act (WFEA). According to the WFEA, employers, employment agencies, labor organizations, and licensing agencies are prohibited from discriminating based on an arrest or conviction record in nearly every aspect of employment such as hiring, promotions, pay, training, and termination. … [Read more...]
