In a decision providing guidance to employers facing requests for health-related accommodations, the Wisconsin Court of Appeals held in Wingra Redi-Mix Inc. v. Labor and Industry Review Commission that a formal diagnosis at the time of an employee’s request for accommodation is not required to raise the protections of the Wisconsin Fair Employment Act (WFEA). The court reasoned that the employee provided sufficient information when he described his physical symptoms to inform the employer that he likely suffered from a disability and requested an accommodation for it.

Quick Hits

• A formal diagnosis at the time of an employee’s request for accommodation is not required to raise Wisconsin Fair Employment Act protections, the Wisconsin Court of Appeals ruled.
• A cement truck driver suffering severe pain requested a truck that was easier to operate, but the request was denied due to a company policy that prohibited truck reassignments.
• The Wisconsin Court of Appeals held that an employer may not ignore or deny an employee’s accommodation request simply because it is not submitted with a diagnosis of the health condition for which the employee requests accommodation.

Background

In Wingra Redi-Mix Inc., the employee worked as a truck driver who delivered concrete to construction sites. The company’s older truck models had cable-operated gas pedals, which lacked shock absorbers. The employee experienced daily pain while operating this equipment. Specifically, the employee...

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