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Wisconsin Bell, Inc. v. Labor and Industry Review Commission, No. 2016AP355 (March 28, 2017)

Articles Discussing Case:

Wisconsin Court Holds Discharging Employee Because of Misconduct Caused by Disability Can Be Discrimination

Ogletree Deakins • April 17, 2017
The Wisconsin Court of Appeals has affirmed a decision holding that a call center employee with bipolar disorder proved that he was discharged “because of” his disability by establishing he was discharged for misconduct—i.e., avoiding calls—that was caused by his disability. In light of this case, Wisconsin employers dealing with employee misconduct that could be caused by a known disability may want to proceed with caution because, in some cases, the Wisconsin Fair Employment Act may require them to excuse the misconduct as a reasonable accommodation. Wisconsin Bell, Inc. v. Labor and Industry Review Commission, No. 2016AP355 (March 28, 2017).