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Employer Liability Issues WI Supreme Court

Quarles & Brady LLP

Wisconsin Supreme Court Clarifies When a Conviction is Substantially Related to An Individual’s Employment

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In a case in which Quarles & Brady’s Bob Duffy and Lindsey Davis were honored to represent Cree, Inc. (“Cree”), on March 10, 2022 the Wisconsin Supreme Court provided long awaited and important guidance concerning when an...more

Husch Blackwell LLP

Wisconsin Supreme Court Confirms Approach to Evaluating Domestic Violence Conviction Record and Employment Obligations

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On March 10, 2022, in the case Cree Inc. v. Labor and Industry Review Commission (Cree), the Wisconsin Supreme Court issued a 4-3 opinion holding that the employer’s recission of a job offer based on a domestic violence...more

Littler

Wisconsin Supreme Court Eases the Burden for Employers Defending Arrest and Conviction Record Discrimination Claims Under State...

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The Wisconsin Fair Employment Act (WFEA) prohibits employers from discriminating against applicants and employees on the basis of their arrest and conviction records. Generally, an employer cannot make decisions on the basis...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

LIRC’s View of the ‘Substantially Related’ Defense to Arrest and Conviction Record Discrimination Claims: Will Recent Events in...

Wisconsin is one of a limited number of states that prohibits discrimination in employment on the basis of arrest or conviction records. The Wisconsin Fair Employment Act (WFEA) protects “properly qualified individuals” from...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Wisconsin Supreme Court Holds Carrying “Necessary and Indispensable” Tools in a Company Van Does Not Make a Commute Compensable

Last year, a Wisconsin court of appeals held that it was unsettled under Wisconsin law whether employers may be required to pay employees for time spent driving between home and work in company vans if the vans are also...more

Troutman Pepper

Wisconsin Supreme Court Provides Guidance to Private Universities on Faculty Discipline and Academic Freedom

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Many private colleges and universities have faculty handbooks and/or collective bargaining agreements that, among other things, establish internal disciplinary procedures and make promises to faculty about academic freedom....more

Hinshaw & Culbertson LLP

Wisconsin Supreme Court Mints New Test for Determining Discriminatory Intent in Disability Cases

In a huge win for Wisconsin employers, the Wisconsin Supreme Court rejected the longstanding version of the inference method followed by the Labor Industry Review Commission (LIRC) to determine intent in disability...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Wisconsin Supreme Court Focuses on Employer’s Actual Knowledge in Disability Discrimination Ruling

In a recent opinion, the Supreme Court of Wisconsin rejected the “inference method” of causation that the Labor and Industry Review Commission has used for more than two decades to find liability in cases in which an employer...more

Littler

Wisconsin Supreme Court Holds That State Disability Discrimination Law Requires Proof of Intent to Establish Liability

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The Wisconsin Supreme Court recently overturned a longstanding line of cases that allowed disabled employees to prevail in discrimination cases without proving the employer intended to discriminate or was even aware that the...more

Foley & Lardner LLP

Wis. Supreme Court Applies the Discovery Rule to Accrual of Wrongful Death Claims

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On June 24th, Wisconsin’s supreme court decided that the discovery rule—that is, the rule that a tort claim for which the legislature has provided no other rule “accrues” for statute-of-limitations purposes when the plaintiff...more

Littler

Wisconsin Supreme Court Rules Continued Employment is Lawful Consideration to Support a Restrictive Covenant

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Wisconsin has firmly joined the majority of jurisdictions in the United States that hold that continued employment constitutes lawful consideration sufficient to enforce a restrictive covenant with a current at-will employee....more

Foley & Lardner LLP

Wisconsin Supreme Court Accepts New Cases: Occurrences, 12% Interest, and Donning and Doffing

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Last Friday, Wisconsin’s supreme court announced that it had accepted seven new cases. Three of them are of particular interest to Wisconsin businesses. In Wis. Pharmacal Co. v. Nebraska Cultures of Cal.,...more

Hinshaw & Culbertson LLP

Wisconsin Supreme Court: Continued Employment Is Lawful Consideration for a Non-Compete

On April 30, 2015, the Wisconsin Supreme Court took a stand on a hot-button for employers by holding that continued at-will employment is legal consideration that will support a reasonably drafted restrictive covenant signed...more

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