The Primary State and Federal Employment Claims
The Primary State Employment Claims
Wisconsin
Fair Employment Act (WFEA) Applies to all employers. Prohibits
discrimination in terms and conditions of employment on the basis of
age, race, creed, color, handicap, marital status, gender, national
origin, ancestry, sexual orientation, arrest record, conviction record,
membership in the national guard, state defense force, or any military
reserve unit, or the use or nonuse of lawful products off the employer's
premise during nonworking hours. Damages include reinstatement, backpay,
attorney fees, and up to two years front pay in lieu of reinstatement in
retaliation cases. Cases are decided by an administrative law judge.
Worker's
Compensation Act (WCA) Applies to all employers. Provides partial
wage replacement, medical expenses, and temporary or permanent
disability based upon the severity of the injury. Attorney fees are
limited to 20 percent of the claim, and are paid by the claimant. Cases
are decided by an administrative law judge.
The Primary Federal Employment Claims
The Civil
Rights Act (Title VII) (as amended) Applies to employers with 15 or
more employees. Prohibits discrimination based upon gender, race, color,
national origin and religion. Damages include backpay, reinstatement or
front pay, attorney fees, compensatory and punitive damages. Cases are
decided by a jury where compensatory/punitive damages are sought,
otherwise by a state or federal court judge.
The
Americans with Disabilities Act (ADA) Applies to employers with 15
or more employees. Prohibits discrimination on the basis of disability.
Protects persons who are disabled or who are perceived as being
disabled, who can perform the job with or without reasonable
accommodation. Damages are the same as for a Civil Rights Act claim
(compensatory/punitive damages are not available if the sole issue is a
reasonable accommodation). Cases are decided by a jury as in civil
rights cases.
Age
Discrimination in Employment Act (ADEA) Applies to employers who
have 20 or more employees. Prohibits discrimination on the basis of age.
Protects persons over the age of 40. Damages include backpay,
reinstatement or front pay, liquidated (double) damages for willfulness,
and attorney fees. Cases are decided by a jury or judge.
Equal Pay
Act (EPA) Applies to employers covered by the Fair Labor Standards
Act (generally, any employer engaged in any type of interstate
activity). Prohibits gender-based wage discrimination for equivalent
work. Damages include pay equalization (retroactive and prospective),
liquidated damages for willfulness, and attorney fees. Cases are decided
by a jury or judge.
Wisconsin Lawyer
