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U.S. Dept. of Ed. Issues Important IDEA and 504 Guidance Documents

Schools need not choose between keeping their school community safe and complying with the law, Department Secretary Miguel Cardona said in a letter accompanying newly released guidance documents from the U.S. Department of Education. Schools can both protect students’ rights and respond to safety concerns by providing behavioral supports and imposing discipline in a non-discriminatory…

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The Wisconsin Court of Appeals Deals Another Blow To Post-Employment Restrictions By Invalidating A Common Confidentiality/Non-Disclosure Provision

Wisconsin courts do not like post-employment restrictions and this most recent decision attacks a very common requirement intended to prevent employees from stealing confidential information.  We have long advised our clients about these court practices and we recommend employers regularly review and assess their restrictive covenants. In this most recent decision, the Wisconsin Court of…

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Recent EEOC Settlement Cautions Employers on Collecting GINA-Protected Information

Preventing and containing Covid-19 outbreaks in the workplace has become routine for employers over the course of the past two years. A recent settlement announcement from the U.S. Equal Employment Opportunity Commission (EEOC) provides employers with a better understanding of whether information regarding employees’ family medical history may be inquired about or collected, as will…

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Updated EEOC Guidance Provides New Standard For Covid-19 Testing

Preventing and containing Covid-19 outbreaks in the workplace has become routine for employers over the course of the past two years. Updated guidance from the U.S. Equal Employment Opportunity Commission (EEOC) provides employers with a better understanding of when to test employees.  Previously, employers could require on-site Covid-19 testing of employees at their discretion. However,…

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Wisconsin Supreme Court Substantially Alters the Entitlement to Attorney Fees in Public Records Cases

On Wednesday, July 6, 2022, the Wisconsin Supreme Court issued a ruling in Friends of Frame Park, U.A. v. City of Waukesha, 2022 WI 57 that substantially changes the award of attorney fees in Public Records cases.  The case involved a Writ of Mandamus action to compel release of public records.  The Court held, in…

WERC Ruling Makes Most Employee Health Insurance Language in Collective Bargaining Agreements with Wisconsin Public Safety Unions Illegal

On July 6, 2022, the Wisconsin Employment Relations Commission (WERC) issued a pair of decisions with major state-wide implications for municipal employers and their public safety unions. In City of Racine (police), Decision No. 39446 (WERC, 7-6-22) and City of Racine (firefighters), Decision No. 39447 (WERC, 7-6-22), the WERC held that municipal employers are prohibited…

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N.J v. Sonnabend: A First Amendment Face-Off at the District Court Level

On June 15, 2022, the Seventh Circuit issued its decision in N.J v. Sonnabend, holding that schools must apply the test from Tinker v. Des Moines prior to restricting students from wearing clothing depicting firearms. Through this decision, the Sonnabend Court has resolved conflicting decisions within the Eastern District of Wisconsin. In addition to reversing…

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The U.S. Supreme Court Rendered a 6-3 Decision in Kennedy v. Bremerton School District, 597 U.S.

On June 27, 2022, the U.S. Supreme Court rendered a 6-3 decision in Kennedy v. Bremerton School District, 597 U.S. ___ (2022), where it held the Free Exercise and Free Speech Clauses of the First Amendment protects an individual engaging in sincerely motivated religious exercise and private speech from government punishment. The Court ultimately found…

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U.S. Department of Education’s Office for Civil Rights Proposed Amendments to Title IX Regulations

To commemorate the 50th Anniversary of Title IX of the Education Amendments Act of 1972, the U.S. Department of Education’s Office for Civil Rights released proposed amendments to its Title IX regulations for public comment on June 23, 2022. According to OCR, “The proposed regulations reflect the Department’s commitment to give full effect to Title…

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Wisconsin Supreme Court Provides Clarity to the Test for Arrest and Conviction Discrimination

On March 10, 2022, the Wisconsin Supreme Court handed down a decision in Cree, Inc. v Labor and Industry Review Com’n, 2022 WI 15, that directly impacts how employers must understand their obligations to avoid arrest and conviction discrimination under Wis. Stat. § 111.335(3)(a)1. In 2015 Cree, Inc., interviewed Derrick Palmer for the position of…

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