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Wisconsin Bell, Inc. v. Labor and Industry Review Commission, No. 2016AP355 (June 26, 2018)

Articles Discussing Case:

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

Ogletree Deakins • July 04, 2018
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 takes adverse action against an employee for conduct that the employee claims was caused by a disability. The court concluded that the inference method of causation is inconsistent with the Wisconsin Fair Employment Act (WFEA) because it relieves the employee of the burden of proving discriminatory intent. Wisconsin Bell, Inc. v. Labor and Industry Review Commission, No. 2016AP355 (June 26, 2018).