Temporary medical conditions are not disabilities under WFEA

On November 11, 2015, the Wisconsin Labor and Industry Review Commission (LIRC) confirmed that a physical or mental impairment must be permanent to be considered a disability under the Wisconsin Fair Employment Act (WFEA). Therefore, the threshold issue in disability discrimination cases filed under the WFEA is whether the employee is an individual with a disability. The employee bears the initial burden of establishing a disability by presenting competent medical evidence concerning the nature, extent, and permanency of her impairment. Absent such evidence, the case should be dismissed. Read More...