A More Accommodating View

In Wingra Redi-Mix Inc., v. LIRC, the Wisconsin Court of Appeals held that the company violated the Wisconsin Fair Employment Act when it failed to accommodate its truck driver who complained about pain while performing his job duties (even absent “medical information or documentation” supporting a diagnosis, treatment plan, etc.). In doing so, the court established that an employer would be considered “on notice” relative to an employee’s status as an individual with a disability “if the factual information known by the employer would reasonably lead the employer to recognize that the employee likely has a disability.”

Business Takeaway: The court has established that businesses may not disregard or deny any sort of accommodation request simply because it is not accompanied by medical proof. An employer is still “on notice” without such proof, though it may require medical documentation to be provided. Contact us at info@goldsteinsc.com if you have questions about individuals with disabilities or other workplace accommodation issues.