Archived News:

Wisconsin Legislature Considers Expanding Damages Available Under the Wisconsin Fair Employment Act

Under the current Wisconsin Fair Employment Act, individuals bringing claims of employment discrimination are not entitled to recover compensatory and punitive damages.  Instead, a complainant's potential remedies are limited to back pay for up to two years prior to the filing of a complaint, reinstatement, and payment of the complainant's costs and attorney fees.  However, a Bill recently introduced in both houses of the Wisconsin legislature would expand a complainant's possible damages to include compensatory and punitive damages.

Senate Bill 165, introduced on April 25, 2007, and Assembly Bill 310, introduced on May 8, 2007, contain identical proposed legislation which would allow a successful complainant or the Department of Workforce Development to bring an action against the employer in the Wisconsin circuit courts to recover compensatory and punitive damages.  The legislation provides that the circuit court shall order an award to be paid to the successful complainant in an amount the court finds appropriate, and the legislation further directs the court to order the employer to pay a 10 percent surcharge on an award of compensatory and punitive damages.  Such surcharges will be applied to DWD and must be used for the administration of the WFEA.  Under the proposed legislation, an action must be brought within the later of the following two periods or be barred: 60 days after the completion of the administrative proceeding on a claim of discrimination, including judicial review; or two years after the violation occurred or reasonably should have been discovered.

This is very new proposed legislation that could undergo serious revision before being passed into law, if it is ever passed at all.  Keep checking MWPR's "In the News" for updates.

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