Bothum v. State, Department of Transportation

The Department of Transportation appeals from a judgment reversing its denial of Stanley Bothum’s application for renewal of his school bus operator’s license. The issue is whether the department’s rule prohibiting licensure of any person using hypoglycemic medication conflicts with the handicap discrimination provisions of the Fair Employment Act, sec. 111.34, Stats., which require case-by-case evaluation of the relationship between an individual’s handicap and the responsibilities of the particular job. We agree with the circuit court that such a conflict exists and that the rule cannot…