123.1 Coverage

The Complainant alleged disability discrimination due to reduction in her pay for home care services she provided for her disabled son. The complaint failed to state a cause of action under the WFEA because the Complainant is not an individual with a disability, and the WFEA does not cover allegations of discrimination based on a Complainant’s association with an individual with a disability. The Complainant’s retaliation claim for having filed a federal lawsuit fails to state a claim because the lawsuit did not allege any violation recognized by the WFEA as a basis for a retaliation complaint. Bach v. Cnty. of Milwaukee (LIRC, 10/09/14), aff’d, Bach v. LIRC (Milwaukee Co. Cir. Ct., 04/16/15).

Although the ADA contains a provision expressly prohibiting discrimination against an individual with a disability based on his or her relationship with a disabled person ("association discrimination"), the WFEA contains no analogous provision. The Complainant's claim of disability discrimination because of her association with a disabled individual does not state a cause of action under the WFEA. Bach v. Easter Seals Sw. Wis. (LIRC, 10/09/14).

Discrimination against an individual “because of” disability may involve an employer acting on the basis of actual discriminatory animus against an employee because that employee was an individual with a disability; it may also involve the employer acting on the basis of dissatisfaction with an employee’s behavior or performance problem which is caused by the employee’s disability. If an employee is discharged because of bad behavior which was caused by a disability, the discharge is, in legal effect, because of that disability. Maeder v. UW-Madison, UW Police (LIRC, 06/28/13).