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Wisconsin

Detailed personnel records defeat bias claim

07/28/2025

Employers who keep detailed personnel records that include objective, fact-driven performance reviews often win discrimination lawsuits soon after the employee sues.

‘Impossible’ PIP sinks employer’s discharge appeal

07/07/2025

Performance-improvement plans should be challenging enough to let supervisors know the employee is up to performing their essential job functions at an acceptable level. Set reasonable, objective goals that can be achieved with sufficient effort in the time allotted in the PIP.

After Muldrow, beware routine management decisions that may trigger bias lawsuits

01/27/2025

Courts recognize that employers must be free to manage their workforces as they see fit—with some limitations. But that live-and-let-live ethos changed when the Supreme Court issued its Muldrow v. St. Louis decision in April 2024.

ADA compliance: Be prepared to prove disabled employee can’t do job

12/09/2024

Under the ADA, employers must reasonably accommodate disabled employees so they can perform the essential functions of their jobs. After unsuccessfully trying several accommodations, it may become clear that none will actually allow the employee to perform the essential functions. That changes the ADA equation.

Modify ADA process in unique scenarios

10/10/2024

The ADA requires employers to reasonably accommodate disabilities—if the employee asks. But what if the employee is intellectually challenged and doesn’t understand they must initiate the ADA process?

Who can sue you if employees work remotely?

09/19/2024

The Fair Labor Standards Act sets nationwide standards for wage-and-hour compliance and also allows employees to bring collective lawsuits against their employers for FLSA violations. Can employees who work remotely in far-flung states join together in one lawsuit and sue their employer?

Counter refusal to participate in diversity training

08/30/2024

Recently, we have seen an increase in lawsuits from workers who believe that being forced to participate in any kind of diversity training violates their Title VII rights. Now a federal appeals court has tossed out one such case. The court concluded that the worker’s refusal was unreasonable and his claims meritless.

Didn’t know about customer harassment? Unless you were reckless, you won’t be liable

08/19/2024

Under Title VII of the Civil Rights Act, employers are liable for the sexual harassment of their employees unless they have a solid no-harassment policy, a clear process for bringing harassment to management’s attention and a process to stop harassment as soon as possible. Employers must still try to prevent and stop the harassment, but employees are unlikely to win in court unless they can show that their employer recklessly permitted the customer harassment.

Why HR needs to walk around high-risk work areas

06/20/2024

Because stopping harassment fast can limit liability, it’s crucial for HR professionals to walk around high-risk workplaces and provide training on sexual and other harassment to everyone, including employees and supervisors. Otherwise, you increase the risk of being sued, paying a settlement and having the EEOC perform the monitoring you should have been doing all along.

Ensure all pre-employment qualification tests are specific to the job and your needs

03/11/2024

Once you have made a job offer, you can only require physical qualification tests that are job-related and consistent with business necessity. The rule is designed to ensure that tests don’t have a disparate negative impact on members of protected classes.