The Official Publication of the Wisconsin Professional Police Association By permission of Mike Luckovich and Creators Syndicate, Inc. Wisconsin Police Journal April 2020 • Vol. 88, No. 2Wisconsin Police Journal - 2 Wisconsin Professional Police Association April 2020 • Vol. 88, No. 2 OFFICERS President – Todd Hoover, Racine Vice President – Nichelle Nelson, Waukesha Treasurer – Mike Chinander, Eau Claire Secretary – Brian Barbour, Oneida County Sergeant at Arms – Steven Bartels, Waukesha DIRECTORS James Brigham – Dane County Don Burrows – Polk County Sgts. Jeffrey Darst – Superior Danielle Engen – Onalaska Dan Frei – Madison Dale Gerbig, II – La Crosse Justin Greuel – Eau Claire Nicholas Groth – Racine Mark Hollister – Chippewa County Ted Knoeck – Marathon County Dennis LeCaptain – Janesville Travis Levandowski – Portage County Mark Moderson – Appleton Kurt Pierce – Dane County Sups. Terry Pockat – Oneida County Kelly Powers – Madison Robert Richardson – Retiree Andrew Rosenow – La Crosse Trevor Rud – Pepin County Nick Stachula – West Allis Brian Tuescher – Dane County Travis Tuttle – Fond du Lac EXECUTIVE DIRECTOR James L. Palmer, II GENERAL OPERATIONS OFFICE 660 John Nolen Dr., Suite 300, Madison, WI 53713 (608) 273-3840; (608) 273-3904 Fax Web Site: www.wppa.com Editor and Design: Julie Neeley Printing: Thysse Printing; Oregon, WI 53575 CORRESPONDENCE Address all magazine editorial correspondence to: WPPA, 660 John Nolen Dr., Suite 300, Madison, WI 53713 POSTMASTER: Send address changes to: Wisconsin Police Journal 660 John Nolen Dr., Suite 300, Madison, WI 53713 ABOUT THE WISCONSIN POLICE JOURNAL The WISCONSIN POLICE JOURNAL (ISSN 1086-5187) Vol. 88, No. 2, is owned and published by the Wisconsin Professional Police Association, 660 John Nolen Dr., Suite 300, Madison, WI 53713. The WISCONSIN POLICE JOURNAL is published quarterly (January, April, July and October) and is circulated to dues-paying members of the Wisconsin Professional Police Association. Members’ subscriptions are included in dues. For retirees and non-members, the subscription price is $12 per year. Subscriptions will be accepted only from bona fide law enforcement officers and students enrolled in law enforcement. COPYRIGHT & POSTAGE Periodical Postage Paid at Madison, Wisconsin, and additional mailing offices. Material contained herein shall not be reproduced in any form without express advanced written permission. Manuscripts and photos will not be returned unless accompanied by an addressed, stamped envelope. Copyright© 2020 Wisconsin Professional Police Association Purposes And Aims Of The Wisconsin Police Journal The Official Publication of the Wisconsin Professional Police Association The Wisconsin Police Journal is the voice of thousands of WPPA members throughout Wisconsin. The Wisconsin Police Journal is dedicated to the following principles: • To disseminate important news and information affecting the WPPA membership. • To publicize the purposes, programs and public service projects of the WPPA. • To inform government officials and state legislators of the problems and concerns of the membership. • To inform the citizens of Wisconsin of the duties of the law enforcement officer and to encourage public acceptance of, and compliance with, the laws of the state. • To reflect the proper and deserved image of law enforcement officers in order to help them perform their responsibilities to provide security for all persons and protect the rights of the individual regardless of race, creed or religion. • To defend and promote the integrity of law enforcement officers who, at great personal sacrifice, are devoting their lives and careers to the noble profession of law enforcement. Wisconsin Police Journal - 2 Table of Contents Message From the President p. 3 Hitting the Street Without Your Ballistic Vest? Extended Legal Protection Plan p. 4 Executive Director's Report p. 5 Worker's Comp and COVID-19 p. 6 Wisconsin's New Body Worn Camera Law p. 7 Check Out Our New App p. 7 EEOC Issues Guidance on the ADA and Pandemics p. 8 From the Desk of Attorney General Josh Kaul p. 9 Public Safety During the Coronavirus We Need to Make the Prevention of Police Suicides a National Priority p. 10-11 In Memoriam p. 11 Candidates for the WPPA Board of Directors pp. 12-14 Retired Members p. 14 2020 WPPA Golf Outing p. 15 2020 State Pistol Shoot pp. 16-17 WPPA Merchandise pp. 18-19MESSAGE FROM THE PRESIDENT I want to begin this issue by first welcoming the latest groups to join the WPPA's proud ranks. Since the last installment of this magazine, the officers in Iowa County, Walworth and from the University of Wisconsin – Stevens Point, have elected to join our organization. To those new members and all of our existing members, thank you for entrusting us to serve your needs. We are committed to demonstrating that your trust is well-placed. I also want to recognize the officers that we have lost in the last few months, specifically, Madison Police Detective Nicholas Ryan, Waushara County Deputy Aaron Kumferman, Mayville Police Detective Dennis Hockers and Racine Police Officer Jennifer Diener, (see page 11). With regard to Officer Diener, whom I have known and with whom I have served for more than 25 years, her loss has hit our department very hard. She was a wonderful person and an outstanding officer and she is missed by many within our agency and our community. She and all of these officers were heroes, regardless of whether or not they died in the line of duty and I extend my deepest condolences to you and all those that are mourning the loss of a fellow officer. On that note, I urge all of you to make sure that your WPPA death beneficiary information is up-to-date. If you aren’t already aware, the WPPA pays a $5000 benefit to the designated beneficiaries of all active full-service and retainer members. Unlike the other death benefits that may be available to your loved ones, the WPPA benefit covers any death – not just those that are duty- related. This is an outstanding benefit the WPPA issues immediately upon being informed that an officer has died. Please make sure that the people you designated when you first enrolled with the WPPA is still current. If you need any assistance, contact the WPPA office and they will help you or you can find the update form on our website or the WPPA app (see below). When the coronavirus pandemic that we are all struggling to work through comes to a conclusion, we may think of 2020 as the year that wasn’t. Put another way, when we reflect back upon this extraordinary period in our history, all of the things that didn’t happen will likely be among the first thoughts that come to mind. Things such as the family trips that we didn’t get to take, the athletic events that didn’t occur and all of the other personal and professional interactions that have been so fundamentally disrupted by this tremendous global health crisis. All of us in law enforcement are being asked to do more and we’re answering that incredible call at the expense of those things that typically help keep us grounded and sane, along with the annual tributes that are so important to everyone in our profession and the families that support our service to the public. The Wisconsin Law Enforcement Memorial and the National Law Enforcement Officers Memorial both recently announced that their events in May have been canceled. The WPPA‘s annual convention and its Memorial pancake breakfast have also been nixed and no one is in a position to say when alternate arrangements might be made, or if it will even be possible for any of these events to be held yet this year. And so, just like any personal plans that we may have had for 2020, the events and activities related to our profession are confined to an excruciating state of limbo. In light of this, I want to take this opportunity to thank all of you for your service and sacrifice as we all attempt to do our jobs to the best of our abilities under great scrutiny, tremendous pressure and historic circumstances. While there are times when I must admit to being a little bitter about my job, I’ve also never been prouder of my profession and the incredible men and women with whom I serve. I am likewise grateful for the WPPA and its employees across the state who are working tirelessly to respond to the many new issues, needs and concerns that have been created by the coronavirus pandemic. Please take some time to review the articles in this issue that cover some of these emerging and complex topics and feel free to contact the WPPA as you’re faced with challenges and questions that are unique to you, your agency or your community. Just as we have each other‘s backs, the WPPA has ours, so please don’t hesitate to call the WPPA for backup whenever that need arises. We’ve got your six. Todd Hoover Comments and letters can be sent to: hoover1803@sbcglobal.net Wisconsin Police Journal - 3 Death Benefit Increased to $5,000 - Update Your Beneficiary! When was the last time you updated your WPPA Authorization Form? Have you married? Divorced? To change your beneficiary information, go to the WPPA app or wppa.com/death-benefit/ or e-mail Sarah Cowen at scowen@wppa.com. Hitting the Street Without Your Ballistic Vest? Throughout recorded history, humans have used various types of materials as body armor to protect themselves from injury in combat and other dangerous situations. In 1976, scientists came to the conclusion that Kevlar was bullet-resistant, wearable and light enough for police officers to wear full-time. Since that time, bulletproof vests have improved significantly, and most patrol officers depend on them as a basic safety precaution. Indeed, according to the International Association of Chiefs of Police, bulletproof vests have saved over 3,100 officers' lives since 1987. The WPPA Extended Legal Protection Plan (ELPP) is similar to that bulletproof vest: a simple way to shield yourself from a situation that could devastate you and your family at any time. Since we launched the ELPP in January of last year, over 1,550 WPPA members have spent just 10 minutes and $72 to enroll in order to protect themselves and their loved ones from what could be significant financial loss. In our first two years of experience, WPPA attorneys have taken on several cases. They haven't been the types of circumstances that attract headlines, but involve issues that officers encounter every day in every area of our state: • An officer suffering from the effects of numerous duty-related concussions; • An officer diagnosed with PTSD as a result of being threatened and stalked after a shooting; and • An officer that developed a hearing loss caused by 30 years of exposure to the loud noises that are common to the law enforcement profession. As is common practice, all of these cases were initially rejected by the employer's worker's comp administrator, and ordinarily the officers would have had to make the tough choice between hiring an attorney or trying to navigate all the complicated medical and legal paperwork alone. But each of these officers had made the wise choice to spend $72 to enroll in the ELPP. Each one has the huge advantage of being guided and represented by WPPA attorneys at no additional charge. No matter how complicated their case, none of these folks will pay any more than $72 annually. They each have a legal equivalent of a ballistic vest. But...every few weeks we get a call from someone hoping against hope that they had enrolled in the ELPP because now something has happened to remind them that they had recognized what a great benefit it was, but had put if off for a later day and now couldn't remember whether they had ever gotten to it. Here are a few examples of those that forgot to don their legal bulletproof vest: • An officer exposed, on the job, to a lethal substance, resulting in a significant long-term medical condition; • An officer assaulted during an arrest that suffered an injury requiring surgery; and • An officer that stepped out of his squad, slipped on the ice and cracked his head. Each of these cases will likely cost the officer thousands of dollars. Each is at risk of using most or all of his available leave and losing out on overtime, as well as facing the decision whether to hire an attorney or try to deal with the insurance company alone. Each of them wishes that they had someone in their corner, protecting their interest without charging an arm and a leg. Each of them wishes they had grabbed their legal bulletproof vest before hitting the street. On the flip side, we have also seen circumstances in which a member believed he had a valid claim but, after review, it was determined that he did not. In these cases, participation in the ELPP saved the officers from hiring a lawyer and spending a lot of their own time and money in fruitless pursuit. Worker's comp and duty disability claims are very frequent and very complicated. Most claims are rejected out-of-hand, as the insurance companies work in the interest of the employers. At the WPPA, we work exclusively for our members and, for $72 per year, we will extend our services to protect you in a wide range of situations stemming from your capacity as a law enforcement officer. Extended Legal Protection Plan Highlights: 1. Under this optional plan, the WPPA will cover all of the costs in connection to the following types of legal matters that are not currently covered by your WPPA membership: Criminal defense in actions stemming from conduct performed in the capacity of a law enforcement officer; Civil defense (e.g., civil rights claims) in actions stemming from conduct performed in the capacity of a law enforcement officer for which an officer’s employer does not provide representation; Worker’s compensation cases; and Duty disability cases. 2. This plan is only available to full-service members in good standing and members from retainer local associations that do not have binding arbitration. 3. Each member must enroll in the extended plan on an individual basis by completing the plan contract available at wppa.com and submitting the annual plan fee. Local associations may pay for their members out of their treasuries, but the WPPA must receive a signed extended plan contract and the annual plan fee for each individual member in order for them to be enrolled. 4. The annual fee for this extended legal plan is $72. 5. The plan even covers outside (non-WPPA) attorneys that have been vetted and approved by the WPPA. For more information about this important extended service option, or to enroll and begin receiving the added protection that it provides, visit our website: www.wppa.com. ✓ ✓ ✓ ✓ Wisconsin Police Journal - 4EXECUTIVE DIRECTOR’S REPORT James L. Palmer, II Comments & letters can be sent to: palmer@wppa.com or on Twitter, @JimPalmerWI Despite the unprecedented nature of the environment related to the coronavirus pandemic, our dedicated staff remains ready to protect your interests and those of your families. Just as all of you are having to adapt to the conditions created by this crisis in order to maintain your ability to respond to the needs of your community, we have been intently focused on preserving our capacity to assist you in the event of a critical incident or some other emergency. Since the last issue of the WPJ reached your homes, there have been fatal shootings involving officers from Milwaukee, Winnebago County, Fox Crossing, Wauwatosa, Marathon County and Wausau. In addition, the WPPA's field and legal staff has responded to represent officers from Brookfield, Manitowoc, Appleton and Jackson that were involved in fatal critical incidents stemming from other common law enforcement actions, such as pursuits. While we have instituted precautions to safeguard the health and well- being of our employees, we remain accessible 24 hours a day, 7 days a week, and we will continue to dispatch our staff to represent you when you need us the most. As the current pandemic has unfolded, the WPPA has been extensively involved with law-enforcement agencies across the state as they consider implementing staffing strategies designed to maintain your safety and that of the people you serve. Due to the fact that no state or federal authority has established a leading role in issuing recommendations relative to police staffing, we have been tracking the plans instituted thus far and have identified those components that appear to be the most effective. In doing so, we have compiled an invaluable resource to share with agencies throughout Wisconsin as they contemplate these issues. If your department has not already begun formulating an emergency staffing plan to respond to this historic public health crisis, please contact us as soon as possible so that we can engage them and sure that your voice and that of your fellow officers is heard. We have also been in regular contact with the governor's office, the state department of justice, and members of Wisconsin's and congressional delegation to alert them as to law enforcement's needs and concerns relative to personal protective equipment, officer testing and other important issues, such as the lack of childcare services for first responders. We have also been very busy responding to the actions on the part of some employers to require officers to use sick leave if their agency imposes an administrative quarantine in the event an officer is potentially exposed to the coronavirus – despite the fact that they themselves are asymptomatic. Lastly, we are working with lawmakers both in Madison and Washington to try and direct state and federal resources in the manner that helps you the most. It is clear that our ability to weather this storm as a state and nation will require the collective efforts of many and not the leadership of any one individual or class of people. As we all endure this incredible global crisis, there are those that are still delivering the mail, collecting our refuse and doing their best to educate our children. At the same time, there are those that are unable to work right now, who are facing a degree of terrifying uncertainty, and whose absence we are recognizing more clearly with each passing day. So many people throughout our state and nation, in their own way, are exemplifying what it means to be brave, selfless and patriotic. That is particularly true when it comes to the critically-important work that you and other first responders are doing each and every day to protect communities across our state and country. Along with the scientists and medical professionals that are furiously working to administer tests, derive a vaccine, formulate treatments and to otherwise provide emergency medical care, our first responders have never been more important to our national survival. Recognizing that, every member of our staff is working to ensure that this organization continues to fire on all cylinders so that we can meet the demands of your profession in this extraordinarily dynamic environment. In that vein, I encourage you to stay in close contact with us, as that is vital to our ability to effectively respond to your needs, questions and concerns. In order to make your voices heard, we need to first hear them for ourselves. The historic challenges facing law enforcement may be ever-changing, but the WPPA’s commitment and capacity to serve you remain unabated. Until then, stay safe, stay informed and stay in touch. Wisconsin Police Journal - 5 Keep current with what’s happening in your Association! Visit wppa.comWisconsin Police Journal - 6 Can a law enforcement officer receive worker’s compensation benefits after being diagnosed with the coronavirus? As news of the growing coronavirus pandemic continues to dominate the headlines, the prospect of being infected with the illness is a growing concern for many throughout our country. Large events are being canceled, some people are being advised to limit their travels and companies in Wisconsin and elsewhere are encouraging their employees to work from home. Obviously, those precautions don’t apply to the men and women that serve in law enforcement, who are still expected to do their jobs—regardless of the public health risks that may exist. As such, it goes without saying that officers are at a higher risk of getting sick. In light of that reality, it seems likely that some officers— whether now or in the weeks and months ahead—may find themselves wondering what will happen if they become infected. More specifically, some will want to know whether they might be eligible to receive worker’s compensation benefits to cover their medical costs and any compensation missed due to their inability to work. First, if you have no idea what the coronavirus is because you avoid the news like, well, the plague (pun intended), here is a link to the CDC with up-to-date information about the coronavirus, its symptoms and the status of the government’s response to this global outbreak: cdc.gov/coronavirus Second, if you find yourself unmoved by the news of the spreading coronavirus and are only curious as to the answer to this question, then you’ll be disappointed that the answer is, at best, an unsatisfying “maybe.” If, however, you are interested in learning more about how the law is likely to treat an application for worker’s compensation benefits involving the coronavirus, this should shed some light on the subject. Over the years, the court has expanded the list of diseases considered compensable (that is, eligible for benefits) under the Worker’s Compensation Act. For example, in 1942, the state supreme court held that “any disease that is caused by an employee’s work becomes compensable.” This ruling expanded the definition of a compensable disease to include even minor, temporary illnesses. Generally, a person applying for worker’s compensation benefits has the burden of proving beyond a legitimate doubt all the facts essential to the recovery of compensation. The court has further held that it is the Labor Industry Review Commission’s (LIRC) duty to deny benefits if it finds that a legitimate doubt exists regarding the facts necessary to establish a successful claim. As such, if there is credible evidence to support LIRC's denial, it’s unlikely that a court will overturn that decision on appeal. That is not to say that any doubt is a legitimate doubt because the commission says so. According to the court, the commission cannot exercise its judgment arbitrarily and capriciously, and some kind of conspicuous inconsistency must exist in the factual record before the commission can entertain the question of legitimate doubt. In fact, the court has explicitly said that the commission cannot simply rely on its “cultivated intuition” alone. The primary criterion that needs to be satisfied in any claim for worker’s compensation benefits is whether the individual’s employment caused an injury or disease. Many times, that’s a relatively easy thing to prove. If, for example, you were chasing a suspected criminal and twisted your knee, there would probably be little question that your job as an officer caused your injury. But how does one prove that their job caused them to be infected with an illness? In answering that very question in a case before it in 2007, LIRC relied upon a state supreme court decision from 1927 which said: It is often impossible to find the source from which a germ causing disease has come. The germ leaves no trail that can be followed. Proof often does not pass beyond the stage of possibilities or probabilities, because no one can testify positively to the source from which the germ came, as can be done in the case of physical facts which may be observed and concerning which witnesses can acquire positive knowledge. Under such circumstances, [LIRC] or the court can base its findings upon a preponderance of probabilities or of the inferences that may be drawn from established facts. The court attempted to clarify that holding in 1945 when it said: The term “preponderance of probabilities” is doubtless not a wholly accurate one. Indeed, it is literally impossible to have a preponderance of probabilities. All that the court meant by the use of the term was that in a given situation the inferences are strong enough to point to a fact as a probability and not a speculative possibility. So stated, it is merely another way of saying that the inferences are in such shape as to constitute substantial evidence to sustain the findings of the commission. In other words, the law in Wisconsin requires that employees prove beyond a legitimate doubt that it’s more likely than not that their jobs caused them to become infected with a disease or illness. Neither LIRC nor employees applying for benefits will be permitted to rely upon speculation. For example, an officer applying for worker’s compensation benefits after being diagnosed with the coronavirus will likely have to show, at a minimum, some police activity that involved an infected individual or that occurred at a location uniquely susceptible to this illness, such as a nursing home. Continued to page 9 Worker's Comp and COVID-19Wisconsin Police Journal - 7 Check Out Our New App For Members and Staff Only Find it on the App Store and Google Play • One-Tap Emergency Hotline • One-Tap Business Agent Contact • ELPP Enrollment and Renewal • News and Issues That Affect You To download, scan this code with your camera app On February 28, Gov. Tony Evers signed into law bipartisan legislation establishing uniform regulations and guidelines for the use, maintenance and storage of body-worn cameras and the data they collect. The result of a multi- year lobbying effort on the part of law enforcement, open records advocates, privacy advocates and others, the new law went into effect on March 1. WHAT IT DOES: Specifically, the new law provides for the following: 1. Written Policies: Any agency using body-worn cameras must administer a written policy that explains which officers will be wearing body cameras, how they will be used and how the video will be retained. These policies must be made publicly available on the agencies’ websites, if they maintain one. 2. Training: Agencies using body- worn cameras must train their officers so that they clearly understand how to use the technology and the rules governing the retention of body camera data. 3. Compliance: Agencies using body-worn cameras must periodically review their practices to ensure that they are complying with the law and their written policies. 4. Data Retention: In general, all body-worn camera data must be retained for at least 120 days after it was recorded. If the video or data records an encounter that results in death/physical injury, a custodial arrest, a search during an authorized temporary questioning, or a law enforcement officer’s use of force, it must then be retained until the disposition of any investigation, case or complaint. A longer retention period may also be directed by a law enforcement officer, an agency, a police and fire commission, a prosecutor, a defendant or a court that determines that the data have evidentiary value in a criminal prosecution. 5. Release of Body Camera Data: In general, body-worn camera data is accessible under the Open Records Law, subject to certain specified exemptions, such as encounters that depict minors, victims of sensitive crimes or individuals that have a reasonable expectation of privacy. In those cases, law enforcement agencies will be required to evaluate requests for body camera data using the balancing tests already provided for under the Open Records Law to determine whether the interest in disclosure outweighs any other consideration. WHAT THE NEW LAW DOESN’T DO: 1. It does not mandate body cameras or how they will be used. 2. It does not provide funding to agencies to support BWC programs. For more information or questions about this new law, please feel free to contact WPPA Executive Director Jim Palmer at palmer@wppa.com Wisconsin’s New Body-Worn Camera Law Wis. Stat. § 165.87Reprinted with permission from LRIS On March 19, 2020, the EEOC issued an updated 2009 publication originally issued during the spread of the H1N1 virus, retailoring it to address COVID-19. The publication addresses an employer’s rights and obligations under the Americans With Disabilities Act (ADA) in the face of an epidemic or pandemic. Of most interest in the public safety workplace are a series of questions and answers about how an employer may deal with employees during a pandemic. Paring the Q&As down to their essentials, here is the EEOC’s guidance. Can the employer send employees home if they display similar symptoms to those caused by the disease underlying a pandemic? Yes. The EEOC believes that “advising such workers to go home is not a disability-related action. . . Additionally, the action would be permitted under the ADA if the illness were serious enough to pose a direct threat. This means an employer can send home an employee with COVID-19 or symptoms associated with it. During a pandemic, how much information may an ADA-covered employer request from employees who report feeling ill at work or who call in sick? ADA-covered employers may ask employees if they are experiencing symptoms similar to those caused by the disease. The EEOC believes that “employers may ask employees who report feeling ill at work, or who call in sick, questions about their symptoms to determine if they have or may have COVID-19. Currently these symptoms include, for example, fever, chills, cough, shortness of breath, or sore throat.” During a pandemic, may an ADA-covered employer take its employees’ temperatures to determine whether they have a fever? The EEOC advises that “Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions as of March 2020, employers may measure employees' body temperature. As with all medical information, the fact that an employee had a fever or other symptoms would be subject to ADA confidentiality requirements.” When an employee returns from travel during a pandemic, must an employer wait until the employee develops symptoms to ask questions about exposure to the pandemic disease during the trip? No. The EEOC believes that “these would not be disability- related inquiries. Employers may follow the advice of the CDC and state/local public health authorities regarding information needed to permit an employee’s return to the workplace after visiting a specified location, whether for business or personal reasons.” During a pandemic, may an ADA-covered employer ask employees who do not have symptoms to disclose whether they have a medical condition that the CDC says could make them especially vulnerable to complications? No. The EEOC believes that “making disability-related inquiries or requiring medical examinations of employees without symptoms is prohibited by the ADA. However, under these conditions, employers should allow employees who experience flu-like symptoms to stay at home, which will benefit all employees including those who may be at increased risk of developing complications.” May an employer encourage employees to telework (i.e., work from an alternative location such as home) as an infection-control strategy during a pandemic? Yes. The EEOC opines that “Telework is an effective infection-control strategy that is also familiar to ADA- covered employers as a reasonable accommodation. In addition, employees with disabilities that put them at high risk for complications of [a] pandemic may request telework as a reasonable accommodation to reduce their chances of infection during a pandemic.” During a pandemic, may an employer require its employees to adopt infection-control practices, such as regular hand washing, at the workplace? Yes. The EEOC indicates that “requiring infection control practices, such as regular hand washing, coughing and sneezing etiquette, and proper tissue usage and disposal, does not implicate the ADA.” During a pandemic, may an employer require its employees to wear personal protective equipment (e.g., face masks, gloves, or gowns) designed to reduce the transmission of pandemic infection? Yes. The EEOC advises that “an employer may require employees to wear personal protective equipment during a pandemic. However, where an employee with a disability needs a related reasonable accommodation under the ADA (e.g., non-latex gloves, or gowns designed for individuals who use wheelchairs), the employer should provide these, absent undue hardship.” If a vaccine is developed for COVID-19, may an employer compel all of its employees to take the vaccine regardless of their medical conditions or their religious beliefs during a pandemic? No. The EEOC takes the position that “an employee may be entitled to an exemption from a mandatory vaccination requirement based on an ADA disability that prevents him from taking the . . . vaccine. This would be a reasonable accommodation barring undue hardship (significant difficulty or expense). Similarly, under Title VII of Continued on page 9 Wisconsin Police Journal - 8 EEOC Issues Guidance on the ADA and PandemicsWorker's Comp continued: Even then, due to the tenuous framework used to evaluate these cases, it is likely they will be very challenging. In the end, any officer’s claim for worker’s compensation benefits as a result of the coronavirus will all come down to the evidence available, and whether that evidence makes it more likely than not that the officer’s duty was the cause of the infection. Are the facts substantial enough to show that an officer’s service probably caused him or her to be infected? Is there any evidence that supports another credible explanation? While a great deal of uncertainty surrounds this global health crisis, the answers to these questions will likely decide cases involving this issue. If you have any questions about this topic or any other, please feel to contact us. If you haven’t already done so, learn more about the WPPA’s Extended Legal Protection Plan, which provides legal coverage to enrolled members for cases involving worker’s compensation claims, among others. Wisconsin Police Journal - 9 First, I want to thank everyone in the law enforcement community for all the work you’re doing to protect your communities during this difficult time. Members of our communities look to law enforcement officers for leadership on public safety issues and your service to the public as we respond to the coronavirus is critical. As I write this, slightly over 200 cases of COVID-19 have been reported in Wisconsin. That number is a substantial increase from the number of cases that had been reported in Wisconsin a week earlier, and community spread—the presence of COVID-19 without an identified source of infection—has been identified in parts of the state. The situation is rapidly evolving and may be meaningfully different by the time this column is published, but if the current trend continues, before long there will be more people who need medical care than our health care system has the capacity to treat and our hospitals will be overwhelmed. Extraordinary steps have been—and will need to continue to be—taken to fight the spread of the coronavirus. Governor Evers has issued emergency orders, including a prohibition on most gatherings of 10 or more people. The Governor’s orders reflect the gravity of the situation, and we must ensure that they’re followed. Violations of those orders not only could result in up to 30 days’ imprisonment and a fine; they also could result in increased risk to the health and lives of those who violate the order, as well as their family members, their friends, and members of their communities. Lives are on the line, and I ask that law enforcement officers assist in communicating the seriousness of the situation we’re facing, the Governor’s orders and the need for social distancing. As you continue to put your safety at risk to protect your community, no matter the danger, please know that you have the support of the Wisconsin Department of Justice. Whether you’re working to prevent crime through community policing, keeping our roads safe by enforcing our traffic safety laws, investigating large-scale criminal organizations, or stepping in to stop the violation of a vital emergency public health order, you’re protecting Wisconsinites and making a difference. Again, thank you for the critical work you’re doing. Public Safety During the Coronavirus From the Desk of Attorney General Josh Kaul EEOC Issues Guidance continues: the Civil Rights Act of 1964, once an employer receives notice that an employee’s sincerely held religious belief, practice, or observance prevents him from taking the . . . vaccine, the employer must provide a reasonable accommodation unless it would pose an undue hardship as defined by Title VII ("more than de minimis cost" to the operation of the employer’s business, which is a lower standard than under the ADA). find us on facebook: The Wisconsin Professional Police Association fNext >