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Volume 14, Number 17 Legislative/Executive HAY 2 2 1992: May 5, 1992 Nick George Director of Legislative Relations New Employment Discriminat, ion Provision in Wisconsin Fair Empl,)'.fment Act Governor Tommy G. Thompson recently signed legislation creating a civil rights Rrotection for "the use or non-use of lawful products qff the employer's worksite during nonworking hours." Senate Bill 292, which became 1991 Wisconsin Act 310 with the Governor's signature, amends the Wisconsin Fair Employment Act to create this new protection from workplace discrimination. WMC opposed the measure. While the law has been characterized as a "smokers' ri~lhts" bill, aimed at permitting workers to use tobacco products off the employer's worksite during nonworking hours, the Act's impact on employers is likely to be much broader than legislation enacted in most other jurisdictions. It is not clear how this expansive new language will be interpreted. While other states created a statutory protection specifically for the use of tobacco products, Wisconsin's new statute protects the "USE AND NON-USE OF LAWFUL PRODUCTS" -- a much more expansive protection. While it is not clear how this expansive new language in the Wisconsin Fair Employment Act will be interpreted, it is important for the Wisconsin business community to be aware of this new statute and review any employment policies which may come into conflict with this law. WMC is sponsoring a seminar series which will review this and other recent employment law developments from the human resources manager's perspective. In addition to providing information on recent legal developments the seminar series will focus on compliance strategies employers may pursue in order to avoid costly litigation. Please see the enclosed brochure for further details on times and locations of this seminar series. Legislative Update '92 Participating in the legislative process can be a hectic, sometimes chaotic ordeal. As a lobbying organization, one of our jobs is to make sense out of the chaos and report it to our members in a clear and timely fashion through newsletters, committee reports and legislative alerts. At the end of the two year legislative cycle we stand back to assess our achievements, critique our failures and plan for the next session. Talking with business leaders helps WMC prepare its agenda for the next session, The veto review period is scheduled to end on May 21st. With it comes the end of the 1991-92 legislative session and the beginning of the WMC Legislative Update program. The Legislative Updates are a fast-paced 90 minute program designed to give businesses a perspective on the past legislative session. The Update agenda covers a review of legislative action and issues from the recent session, how they affect the business community, and significant emerging issues in the coming months of the political campaign. The good, the bad and the ugly;, they are presented in an orderly fashion and include environmental, tax, health care, human resources and education issues among others. The Updates are sponsored by local Chambers of Commerce and businesses and they are presented by Wisconsin Manufacturers & Commerce, 501 E. Washington Ave., P.O. Box 352, Madison, Wl 53701 6081258-3400 TI28781342

the WMC Government Relations Department. Below is a list of those that have been scheduled. We encourage all business leaders to attend an Update and encourage the sponsors to invite their local officials and state legislators. The Updates afford us the opportunity to discuss issues with Wisconsin business leaders and prepare our business agenda for the next session. If you would like more information regarding the WMC Legislative Update program or would like to schedule one in your community, please contact Jane Algiers for further details. The following Chambers of Commerce have scheduled '92 Updates. To register for an Update in your area, contact your local Chamber of Commerce. June 15 Fox Cities - 11:30 a.m. Luncheon Co-sponsored by Hayes Manufacturing July 9 Waukesha- 12:00 Noon Luncheon August 19 Fond du Lac- 12:00 Neon Luncheon August 20 Oshkosh - 7:30 a.m. Breakfast August 26 New London - 7:30 a.m. Breakfast September 1 Kenosha - 7:30 a.m. Breakfast Co-sponsored by Snap-on Tools Brookfield - 12:00 Noon Luncheon September 2 Merrill - 7:30 a.m. Breakfast September 3 (tentative) West Bend - 7:30 a.m. Breakfast September 4 Racine - 7:30 a.m. Breakfast West Allis - 12:00 Noon Luncheon September 8 Hartland - 7:30 a.m. Breakfast September 9 Wisconsin Rapids - 7:30 a.m. Breakfast Marshfield - 12:00 Noon Luncheon Sept0mber 10 Rhinelander - 7:30 a.m. Breakfast September 11 Beaver Dam/Mayville/Horicon - 7:30 Breakfast Cosponsored by John Deere Horicon Works September 14 Wausau -7:30 a.m. Breakfast September 15 Portage - 7:30 a.m. Breakfast Co-sponsored by Suratco Products, Inc. and Penda Corp. September 16 Rice Lake - 7:30 a.m. Breakfast September 17 EauClaire/Chippewa Falls - 7:30 a.m. Breakfast (Tentative) Greater Menomonie/Hudson/New Richmond 12:00 Noon Luncheon September 18 Marinette - 7:30 a.m. Breakfast Green Bay- 12:00 Noon Luncheon Co-sponsored by Mr. Philip J. Hendrickson October 8 Monroe - 7:30 a.m. Breakfast October 9 Sun Prairie - 7:30 a.m. Breakfast Co-sponsored by GTE October 12 Stevens Point/Plover - 3:30 p.m. October 1S Elkhorn- 12:00 Noon Luncheon October 16 Fort Atkinson - 7:30 a.m. Breakfast 1992 Business Friend of the Environment Awards In the wake of the sweeping Clean Air Act amendments of 1990, this year's Wisconsin Business Friend of the Environment Awards will honor companies that are taking steps to improve air quality in Wisconsin. By recognizing companies that have implemented successful air quality management programs, WMC and its affiliate, the Wisconsin Environmental Working Group, hope to foster cooperation between business, government and community groups. We are currently accepting nominations and have extended the nomination deadline from May 11 to June 8, 1992. Successful companies will be recognized at the annual Environmental Policy and Awards Conference on July 30, 1992 (please note new date) at the Milwaukee Marriott Hotel in Brookfleld. Please contact Ann Stilp at WMC for further information on the Awards program. Legislative/Executive Insight is published weekly January through May, September through December, except holidays; biweekly June through August. Publisher: Wisconsin Manufacturers & Commerce, 501 E. Washington Ave., P.O. Box 352, Madison, WI 53701. (Subscription price of $30 per year Js included in dues.) Postmaster: Send address corrections to P.O. Box 352, Madison, WI 53701. Ti28781343

How Would You Answer These Accommodation Questions? An acco.untant is diagnosed as having diabetes, resulting in deteriorating vision, What accommodations are possible? Who Should Attend Safety Managers Plant and Facility Managers Human Resources Staff Industrial Engineers Rehabilitation Consultants And others concerned with the implementation of ADA A secretary complains about neck and shoulder pain. What can be done to allow her/him to work more comfortably and remain employed? How do you accommodate the most qualified applicant who is also a wheelchair user? IContinuing Education Units .7 units will be awarded following completion of lhe program. Wisconsin Counci~ of Safety Division of The WMC Foundation, Inc. P.O. Box 352 Madison, W153701-0352 Execulive/Leqlslzlive Insiqh! introduces: Reasonable Accommodations for the Americans with Disabilities Act Learn how to comply with the ADA while maintaining the productivity and safety of the employee TI28781344

The ADA Goes Far Beyond the Hiring Process Early concerns of employers desiring to comply with the .Americans with Disabilities Act have focused on the hiring process. Pro_ ram Presenters Experts from the University of Wisconsin-Stout, Center for Rehabilitation Technology will facilitate. A! Noll, Director Jeff Annis, Rehabilitation Technologist & Service Coordinator Michael Lawler, Training Coordinator But, providing "reasonable accommodations" also appJies to accommodating current workers, such as those returning from a work injury or special needs of the aging workforce. Employers are typically not experienced in providing these types of accommodations. This program will~ • explore: the wide range of accommodations possible identify resources to assist employers • probe the role of ergonomics in accommodating workers with a disability Locations I Tues~lay, June 30 Weclne~lay, July 1 Olympia Resort Holiday Inn . 1350 Royale Mile Road Hwy. 51 & Nort~ Point Road Oconomowoc, W153066 Stevens Point, W154481 414/567-0311 715/341-1340 Agenda ~8:00 - 8:30 Registration 8:30 - 4:30 Program 12:00 - Lunch Registration Information ~Fees include refreshments, lunch, and comprehensive materials Vk~IC/WCS Member $195 WMC/WCS Non-Member $235 ~VeS ! $ign me up lor Reasonable Accomoclations for the ADA. My reglstration |ee is enclosed. Return to: Wisconsin Council of Safety, ARm Barbara Deans, P.O. Box 352, Madison, W153701-0352 Fax: 608/258-3413 Special arrangements for persons with disabilities may be made if requested and if feasible. !Advance regist~tions a r~ accepte~ through June" 26. [ 1| mor~ than one Individua~ is aHending, F~x regislralion~ musl provide charge ~ or purchase please photocopy additional reglsba~n forms. order number. Registration confirmation.,; wfl not be mailed.] Fax or mail registrations only, please. (P ease print or type) Pre-payment Required Name Title Check o! $ is enclosed (P~ble to: Wisconsin CoundlolSafeM Fed ID $39-1394068) Company N~me or ~ VISA l~IMasterCard Exp. Date Address Account# City/State/Zip Check one: ~IWMC/WC~ Member $195 ~IWMC/WCS Non-Member $235 Check one: ~ June 3~onomow~ ~ July 1-Steve~ Po~t ~ P~ We ~e ~ r~e 3 ~ d~ ~ to ~ f~ ~r~ ~ a 75% ~ Cardholder's Signature INS Date Member ID# Check# WCS Use On~ Reg #___Rep.# TI28781345

Employment Law Challenges Facing Human Resources Professionals In the 1990s Sb'ategles for Survival June 15 - Brookfield June 16- Madison June 17- Green Bay A Semhar Spomored by W'~msin Ma~. ufactureea & Comme~-ce Ti28781346

Dates and Locations Monday, June 15 Milwaukee Maniott Hotel 375 S. ~d Road, Brookfield (414) 786-11 O0 Tuesday, June 16 The Edgewater Hotel 666 W'scm~ Avenue, Madison (608) 256-9071 Wednesday, June 17 Racisson Inn - Aiqxxt 2040 AJq:~od Ddve, G~een Bay (414)494-7300 Registration $95 WIvtC membem $125 nonmembem Includes program, congenial beakfast, and handouts. For your convenience, a lunchem menu from the hotel will be enclosed ~ your confirmation letter, however, feel free to I:~g a bag luflch or to ~nd anot'~er luncheon location, 8.~)0 Reg~trati~n/Continental" " " " Breakfast 8:30 Federal and ~ Disctimir~ ~ Where We Are and Where We May Ba Headed Timothy G. Costel(o, Esq., Krukowsld and Costelo, S.C. 9:15 Alternative Dispute Resdut~ and PrevelllJon Strategies New Oisc~nt~m I.at, s I:{equ~ New Meres of Res~g Oisputes Timothy G. Costetto, Esq. 9.45 Brc.~ 10:00 The WI Family and Med¢~ Lee~ Ac~: Recent Oevek~cne~s BI.HR, lhe Courts and the Legislature ~ D. Strang, Esq., Godfrey and Kahn, S.C. The W~consb Fam~ and ~ Leave Act ~ con~nt~.q Wisconsin en~oj~ wi~ t~ugh questions regarding sick leave and o~r ~21~s of employer-provided behest etigibi~. Current judicid and adnYnis~a~/e int~mta~ons will be ou#inec/ for employees. 10:45 What Empk~ers Can Do to C_,qoe K~k D, Strang, Esq, 11:15 Robert K Shol, Esq. Reinha& Boemer, Van Deurefl, Nonis & Rles#oach Sta~ and feder~ laws and ~j~a#ons regu/at~ t~ enw/oye~s abiliO/ to drag test workees. Lean your fights and [esponsfoi~es under current law. TI28781347

Ncx~ ~ (~eh on you~ o~) Order /MC's Employment Law Handbook for Your Office! 1:00 Ser~ces, Wheaten ~ Ser~ces, Inc. In~menta#on of a wo~e aL~ho/ and con~/~ subslarce and o~er ~ cocKOwa~oos .- w~ be ougoecL 1:45 Robert IC Sholl, F::sq, 2:_~ Break 2:45 The National Labor Relations Act and the Small & I/adlum-Sized Employer Philip A. IViscimara, Esq., Seyfarth, Shaw, Fai~-~r & All employers face po~tial regula~on under the Na#oml Labor Relations AcL Review your @ht~ and ~ as well as those o/your endoyees, under ~ NLRA. 3:15 If you attend the seminar and want a l~ke-home reference, or if yoo cm't attend but ~ want to keep en top of VCzscmsin employment law, order WI~'s Em/Yoyment Law ~ Learn how state and federal ~ apply to your usual (and not- so-usual) business situalJ(x~: famiy and medical lea~e; v,~je and hour issues; discriminate; haaesme~ drug testing; t~ issues. Use VVIVlC's handlx~ok to understand how these inaeasin~ important t(~Wcs affect you! Also av'~d~: Employment Law Update SerieS. -INs quaterly update series supplemenls your handlx)ok to keep you up-to- the-mInute v,~th statutory chenges, court mlngs, and more. Yes! I would like to orden WMC's W'~ Emdoyment Law/-~/~s) $125 (~5 for WMC membem), includes S&H WMC's Employment Law Update Series $32 ($22 for WMC member), includes S&H $ 5,5% sales tax ortax exempt number $ Tota/amount enclosed Checks payable to: The ~ Founda~n Name T~de Firm/Og. S~et Address Telepi~e Please/Vote: The WMC Employment Law Handbodr is not requked for ~ seining. T128781348

1992 Employment Law S~minar P,e~ to: We:z~n ~ & ~nmerce - Attn: Kris Roesster, P.O. Box 352 Mad~ Wl 53701-0352 Phone {608)258.3400; FhX (60~258-3413 Q WIV~ ma'nbe(: $951pesm i'-I Nmmem~.$125/pe~on I ~'ll atlerd tt'e sefrt'a' on tl-e ~ date: CI Mort., &re 15 - B~ 1~ TLeS., JLre 16 - Madi~ I-I WEd., Ju'e 17 - Green Bay B~ne~ T~ RrnYOrg. ~&,13~dlEss ch,/st~p A Seminar for the Human Resources Professional Daily ch~enges face today's human resources professional Complex and ever-changing state and fedemJ laws, rules and regulations must be understood and im~mented. As a s~ccessful human resources i~esdonal of the 1990s, yo~ must avoid the costly dispute resdulion process of the c~ds and administrative This seminar series provides you v~h important information on recent law and administrative changes affecting your human resources practice, But equaly important to leg~ compliance, spe.~em in this series ~ empt~e strategies and techniques you can implement in your wako~ce to avoid costly rdga'do~. WMC LSE ONLY 9231 lY 9232 Ma 9233 Gr Member No. I:~gls IO# Da~e MEM NON Check No, $95 $125 Ad~ ~cepted thou Fd.. 6/12, After th~ date. =-door regist~ton only, as space allo~ Came//a~ ~ 75% refund If v~tten c, anc:e~ nc~ice Is e~ceived ~Frt, Gt12. No ~efunds after tha~da~e. TI28781349