Wisconsin Disability Accommodation Law Doesn’t Require Diagnosis

A concrete truck driver in Wisconsin was properly given his job back and awarded lost pay based on his employer’s refusal to accommodate his spinal pain and related issues.

The ruling Thursday by the Wisconsin Court of Appeals addressed the novel issue of whether an employer’s duty under state law to try to adjust a worker’s job or duties to help with a disability can be triggered without a formal diagnosis.

It can, and Scott Gilbertson provided Wingra Redi-Mix Inc. with enough information to make them aware that he likely had a disability and needed an accommodation, even though he ...