School District of Sheboygan Falls
Administrative Guidelines


This administrative guideline is established to assist in the proper implementation of Policy 3122 and Policy 3122.02 and Federal and State laws and regulations, particularly Part 104 of Section 504 of the Rehabilitation Act of 1973 (34 C.F.R.), the Americans with Disabilities Act (ADA), and the Wisconsin Fair Employment Act.

That policy states:

The Board of Education does not discriminate in the employment of professional staff on the basis of the Protected Classes of race, color, national origin, age, sex (including transgender status, change of sex, sexual orientation, or gender identity), pregnancy, creed or religion, genetic information, handicap or disability, marital status, citizenship status, veteran status, military service (as defined in 111.32, Wis. Stats.), national origin, ancestry, arrest record, conviction record, use or non-use of lawful products off the District’s premises during non-working hours, or declining to attend an employer-sponsored meeting or participate in any communication with the employer about religious matters or political matters, or any other characteristic protected by law in its programs and activities, including employment practices and opportunities.

The District’s Compliance Officers identified in Policy 3122 shall handle inquiries regarding the Board’s nondiscrimination policies and address any complaint of discrimination.

Disability Discrimination And Reasonable Accommodation

It is the policy of the Board that the District shall not discriminate on the basis of disability and shall provide reasonable accommodations to disabled individuals as required by State and Federal law.

In analyzing the District’s duties and responsibilities under State and Federal law, it is important to note that the requirements of the Wisconsin Fair Employment Act and the Americans With Disabilities Act differ. The following chart summarizes and compares the major provisions of these two (2) laws and some of the important differences.









The ADA applies to employers with fifteen (15) or more employees

The WFEA covers any entity (with certain exceptions), including the State, engaged in any activity, enterprise, or business employing at least one (1) individual.

Definition of Disability

Physical or mental impairment that substantially limits one (1) or more of the major life activities of an individual, or being regarded as having such an impairment, or a records of having such an impairment.

Real or perceived impairment that: (a) makes (or is perceived to make) achievement unusually difficult or (b) limits (or is perceived to limit) the capacity to work.

For purposes of defining disability, "impairment" means a deterioration, a lessening, or damage to a normal bodily function or bodily condition."








Major Life Activities

EEOC regulations define "major life activities" as functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, eating, sleeping, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

Major life activities also include the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

An impairment that is episodic in nature or in remission is considered a disability if it would substantially limit a major life activity when active.

Makes achievement unusually difficult -  The limitations on an individual’s ability to achieve and capacity to work must be beyond normal limitations that might render a person unable to make certain achievements or perform every possible job.

The inquiry concerning the effect of an impairment is not about "mere difficulty," but about "unusual difficulty."

Limits the Ability to Work – Refers to the ability to perform the particular job in question.

Asymptomatic Conditions

Asymptomatic HIV/AIDS is a disability where it substantially limits the major life activity of reproduction.

Diseases such as HIV/AIDS may be disabilities under the WFEA even if in remission or the person is not otherwise actively suffering from the effects of the disease.








Exclusions From Coverage

A person who is not a "qualified individual

with a disability" is not covered by the ADA.

It is not discrimination where the disability is reasonably related to the individual’s ability to adequately undertake the job-related responsibilities of that individual’s employment, membership, or licensure.

A person who is currently engaging in the illegal use of drugs is not a "qualified individual."

Homosexuality and bi-sexuality are not impairments, and therefore not disabilities.

Other conditions that are specifically excluded from ADA coverage include:

Transvestism, transexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairment, or other sexual behavior disorders. – Compulsive gambling, kleptomania, or pyromania.

Psychoactive substance use disorders

resulting from the current illegal use of









Reasonable Accommodation

The employer must demonstrate that accommodation would impose "undue hardship" on operation of business.

Employer has the burden of proving that an accommodation would pose a "hardship" on the employer’s program, enterprise, or business.

It is inappropriate to conclude as a matter of law that any particular kind of action is not required as an accommodation.

An accommodation may be "reasonable" and still pose a "hardship" to the employer.








Essential Functions

The fundamental job duties of the employment position which the disabled individual holds or desires, but not the marginal functions of the position.

No provision of the WFEA uses the term essential function.

A job function may be essential for the following reasons:


The reason the position exists is to

perform that function


There are a limited number of employees

available among whom the performance

of that job function can be distributed


The function may be highly specialized

so that the incumbent in the position is

hired for his/her expertise or ability to

perform the job

Evidence of whether a particular function

is essential includes:


The employer’s judgment as to which

functions are essential advertising

or interviewing applicants for the job


The amount of time spent on the job

performing the function


The consequences of not requiring the

incumbent to perform the functions


The terms of the collective bargaining



The work experience of past incumbents

in the job


The current work experience of incumbents in similar jobs








Direct Threat

The employer has the burden of showing that the employee presents a "direct threat" (significant risk) to the health or safety of others that cannot be eliminated by reasonable accommodation.

To evaluate whether an employee can "adequately undertake the job-related responsibilities" of a particular job, the present and future safety of the individual, of the individual’s co-workers and, if applicable, of the general public may be considered.

Medical Exams And Inquiries

The ADA specifically prohibits pre-employment disability-related inquiries.

There is no specific prohibition in the WFEA relating to pre-employment disability-related inquiries.

Sex-Based Discrimination

Discrimination against a transgender individual because that person is transgender is discrimination based on sex and therefore a violation of Title VII prohibited by Board policy. Specifically, discrimination against transgender individuals on the basis of sex stereotyping/gender-nonconformity will be investigated as sex discrimination. This is true irrespective of the cause of the person’s gender non-conforming behavior.

Additionally, employment actions based upon an individual’s sexual orientation are prohibited under Board policy.

Administrators are required to investigate allegations of conduct involving the discrimination or harassment of an employee or applicant based upon his/her transgender identity or sexual orientation.

Any questions concerning whether alleged conduct might violate this prohibition should be promptly brought to the District Administrator’s attention.

Military Status

For purposes of this policy/administrative guideline, "military status" refers to a person's status in the uniformed services which includes the performance of duty, on a voluntary or involuntary basis, in a uniformed service including active duty, active duty for training, initial active duty for training, inactive duty for training, full-time National Guard duty. It also includes the period of time for which a person is absent from employment for the purpose of an examination to determine the fitness of the person to perform any such duty as listed above.

Investigation and Complaint Procedure (See Form 3122 F2)

Any employee who believes that s/he has been subjected to unlawful discrimination or retaliation may seek resolution of his/her complaint through the procedures described in Policy 3122 – Nondiscrimination and Equal Employment Opportunity. The complaint procedures involve an investigation of the individual’s claims and a process for rendering a decision regarding whether the charges are substantiated.

42 U.S.C. 2000ff et seq., The Genetic Information Nondiscrimination Act

Revised 11/17/14

© Neola 2014