ADA Violation – Employment Classification

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WI Court of Appeals – District IV

Case Name: Benjamin M. Dykman v. Board of Regents of the University of Wisconsin

Case No.: 2020AP1256

Officials: Blanchard, P.J., Fitzpatrick, and Graham, JJ.

Focus: ADA Violation – Employment Classification 

Benjamin Dykman seeks judicial review of a decision by the provost of the University of Wisconsin, which affirmed a decision by the university’s office of compliance, which denied Dykman’s disability discrimination complaint. In this appeal, Dykman purports to assert up to twenty separate issues for our review, and he makes wide-ranging allegations of impropriety against the university’s department of psychology, the office of compliance, the provost, and the circuit court. At bottom, Dykman asks us to conclude that the department changed his employment classification in March 2014 because of a perceived disability. He also asks us to relieve him of obligations he assumed under an agreement that he reached with the department in November 2014 to resolve an earlier grievance he filed based on the same adverse employment decision and nearly identical facts. We reject Dykman’s arguments and affirm the circuit court, which affirmed the provost’s decision.

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Derek A Hawkins is Corporate Counsel, at Salesforce.