M. Tess O’Brien-Heinzen and Evan B. Tenebruso Named Partners

Boardman Clark is proud to announce that M. Tess O'Brien-Heinzen and Evan B. Tenebruso have been named as the firm’s newest partners. The two were unanimously elected to the partnership.

Having been with the firm for 24 years, Tess’ practice primarily involves School Law. She regularly provides legal consultation to school districts, and institutes of higher education on their obligations under state and federal laws for student-related issues, often focusing on students with disabilities and other special needs. Tess is also a member of the Litigation Practice Group and is co-chair of the Non-profit practice group.

“Tess is a gifted attorney who has developed a statewide reputation in several school law-related areas, including special education and charter schools.  Boardman Clark is fortunate to welcome her to the partnership,” said partner Richard Heinemann.

Evan is a trial lawyer who represents insurance companies, individuals, and businesses in tort litigation disputes and other lawsuits. Since joining the firm in 2014, Evan has regularly obtained favorable results for clients at all stages of litigation. He frequently provides pro bono representation to domestic abuse victims through Domestic Abuse Intervention Services (DAIS).

“Evan is a terrific litigator and a rising star for our litigation team,” said Richard. “Boardman Clark is thrilled to welcome him to the partnership.”

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Recent Development on Arrest Record Discrimination and the Onalaska Defense

HR Heads Up | 05.25.22

Employers covered by the Wisconsin Fair Employment Act (WFEA) are generally prohibited from discriminating against individuals on the basis of their arrest and/or conviction records, subject to certain exceptions. There are key differences in the analysis depending on whether a “conviction” or an “arrest” record is at issue. Generally, employers have more leeway to consider conviction records and are extremely restricted in considering arrest records when making employment decisions. However, employers may generally discharge or refuse to hire an individual based on the individual’s arrest record if, through the employer’s independent investigation of the conduct underlying the arrest, it concludes that the individual did commit the conduct for which the individual was arrested.