EEO - Discrimination: Wisconsin
Federal law and guidance on this subject should be reviewed together with this section.
Authors: Emery K. Harlan and Warren E. Buliox, Gonzalez, Saggio & Harlan LLP
- The Wisconsin Fair Employment Act (WFEA) tracks federal employment laws in a number of ways. However, there are several key differences from Title VII, the ADA and the ADEA. For instance, unlike Title VII, the WFEA affords protection to individuals on the basis of their sexual orientation, arrest record, conviction record, and use or non-use of lawful products. See Discrimination Under the Wisconsin Fair Employment Act.
- Investigation and adjudication of complaints under the WFEA are handled at the state agency level by the Wisconsin Department of Workforce Development, Equal Rights Division (ERD), and complainants cannot opt out and file a claim in state court instead. Rather, the state court may review agency decisions. See Handling a WFEA Discrimination Complaint.
- Unlike Title VII, the WFEA applies to all employers with at least one employee. See Employers.
- The remedies for a violation of the WFEA are different than under Title VII. See Remedies Under the WFEA.
- Localities including Madison and Milwaukee have requirements pertaining to discrimination. See Local Requirements.