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A determination that someone is or is not an individual with a disability generally involves a factual inquiry for which a hearing is warranted. Eason v. City of Milwaukee (LIRC, 08/29/23).
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).
The definition of handicap utilized by the Division of Vocational Rehabilitation is not identical to the definition of handicap in the Wisconsin Fair Employment Act. Determinations by the DVR as to whether a person is handicapped are not binding in hearings on complaints brought under the Wisconsin Fair Employment Act. Jacobus v. UW-Madison (Wis. Pers. Comm’n, 03/19/92).
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201 E. Washington Ave
P.O. Box 7946
Madison, WI 53707
(608) 266-3131
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