Employment Claims
Employment Claims Overview
Your rights in the workplace include an equal opportunity for hiring, pay, promotion and benefits. If you are denied such benefits of employment because of your race, color, gender, religion, age, disability, national origin or other protected characteristic, you may have a claim under the various civil rights laws. You also have the right to a minimum wage and to overtime pay in many positions. If you don't get paid your legal wage, you may have claims under federal and state wage laws. You may have a contract of employment that imposes certain obligations on you or gives you certain rights that you would not have otherwise. Federal and state laws also protect your job for qualifying absences for some employees when caring for oneself or another person with a serious health condition or new born/adoption. You may also believe that your employer has wrongfully terminated or otherwise affected a term or condition of your employment. See the discussion below on Wrongful Termination & Employment at Will.
All these rights provide for the recovery of your economic loss, attorney's fees and, in some cases, additional damages for things such as emotional upset.
Nature of some claims include:
Discrimination, Retaliation, HarassmentUnemployment
Severance, Non-compete & Other Employment Agreements
Reemployment Rights of Veterans Military Reservists
On this Page:
For more specific information on the following types of claims, which have their own pages on this website, follow the links immediately below:
In Wisconsin, you can obtain the appropriate form necessary to file a claim of discrimination, wage or other employment related violations of Wisconsin and some Federal laws by contacting the Department of Workforce Development at (608) 266-3131. You can also find most of the information and forms on the web at http://www.dwd.state.wi.us/dwd/aboutdwd.htm. You can usually satisfy any administrative filing requirements under Federal or state law claims of employment discrimination and retaliation by filing a complaint with either the Federal Equal Employment Opportunity Commission or Wisconsin's Equal Rights Division, but you may ultimately need to pursue Federal remedies in the courts rather than the administrative procedures for Wisconsin's discrimination claims. Be sure you address this issue if you initiate the complaint process so that you satisfy the filing requirements of both the Federal and state law claims that you intend to pursue.
The following is a summary of the laws administered by the Equal Rights Division of Wisconsin's Department of Workforce Development. This summary was prepared by the Department. This summary does not cover federal laws or rights that you may have.
To download blank forms for filing a Complaint of Discrimination with the Equal Rights Division, click here.
Equal Rights Publication - ERD-8058-P
The links in the Table of Contents take you to that section in the Publication.
The links in the Text take you to either a page in [the Department's] website, a section in the Wisconsin Statutes or a section in the Wisconsin Administrative Code.
Table of Contents.
By the Civil Rights Bureau
a. Public Employee Health & Safety
b. Employee Right to Know
c. Elderly Abuse
d. Health Care Workers
e. Whistleblower Law for State Employees
a. Local Government Public Projects
b. State Building Public Projects
c. State Highway Projects
17. Cessation of Health Care Benefits
1. Fair Employment (Sections 111.31 - 111.395, Wisconsin Statutes, Chapter DWD 218 Wisconsin Administrative Code) [Back to Top]
The law prohibits discrimination based on race, creed, color, national origin, ancestry, age, sex, handicap, arrest or conviction record, sexual orientation, marital status, and military status. It prohibits unfair honesty testing and genetic testing. It also prohibits discrimination because of filing or assisting with a Labor Standards complaint or because of use or non-use of lawful products.
Enforced by complaint filed with the Equal Rights Division within 300 days)
2. Open Housing ( Sections 106.50, Wisconsin Statutes, Chapter DWD 220 Wisconsin Administrative Code) [Back to Top]
The Law prohibits housing discrimination based on race, color, religion, national origin, ancestry, sex, age-18 and over, disability, lawful source of income, marital status, sexual orientation, and family status.
Enforced by complaint filed with the Equal Rights Division within 1 year. Also through circuit court.
3. Public Accommodations & Amusements ( Section 106.52, Wisconsin Statutes, Chapter DWD 221 Wisconsin Administrative Code) [Back to Top]
The law prohibits discrimination, in public places, based on race, color, creed, national origin, ancestry, sex, physical condition, developmental disability or sexual orientation.
Enforced by complaint filed with the Equal Rights Division within 300 days. Also through circuit court.
4. Family & Medical Leave ( Section 103.10, Wisconsin Statutes,Chapter DWD 225 Wisconsin Administrative Code) [Back to Top]
For employers of 50 or more, the law requires that:
An employee of either sex is allowed up to six (6) weeks of leave in a twelve-month period for the birth or adoption of a child.
An employee be allowed up to two (2) weeks of leave in a twelve-month period for the care of a child, spouse or parent with a serious health condition.
An employee be allowed up to two (2) weeks of leave in a twelve-month period for the employee’s own serious health condition.
Enforced by complaint filed with the Equal Rights Division within 30 days
To download a blank Complaint for suspected violations of the Family & Medical Leave law, click here.
5. Post Secondary Education ( Section 106.56, Wisconsin Statutes) [Back to Top]
The law prohibits discrimination because of physical condition or developmental disability in post- secondary education.
Enforced by complaint filed with the Equal Rights Division within 300 days
a. Public Employee Health & Safety (Section 101.055(8), Wisconsin Statutes)
The law provides that if a public employee reports an actual or potential hazard to the State Safety and Buildings Division and is then retaliated against by the employer. If a public employee reasonably refuses to perform a task which represents a danger of serious injury or death or exercises any other right related to occupational safety and health and then is retaliated against by the employer.
Enforced by complaint filed with the Equal Rights Division within 30 days
b. Employee Right to Know ( Section 101.595(2), Wisconsin Statutes)
The law states that employees have a right to know what toxic substances might be encountered on the job. Also prohibits retaliation against an employee for exercising any rights under s. 101.58-101.599.
Enforced by complaint filed with the Equal Rights Division within 30 days
c. Elderly Abuse Retaliation (Sections 46.90; 16.009 and 50.07)
The law prohibits retaliation against any employee for reporting the abuse of an elderly person to a state or county agency.
Enforced by complaint filed with the Equal Rights Division within 300 days
d. Health Care Worker Retaliation (Section 146.997, Wisconsin. Statutes)
The law prohibits retaliation against any health care worker for reporting violations of laws, rules or quality of care standards.
Enforced by complaint filed with the Equal Rights Division within 300 days
e. Whistleblower Law for State Employees (Section 230.80 – 230.89 Wisconsin Statutes,Chapter DWD 224 Wisconsin Administrative Code)
The law prohibits retaliation against certain state employees who disclose information about violations of laws, rules mismanagement or abuse of authority.
Enforced by complaint filed with the Equal Rights Division within 60 days
To download a Complaint for unpaid Wages with the Labor Standards Bureau, click here.
7. Prevailing Wage Rates (Chapter DWD 290 Wisconsin Administrative Code) [Back to Top]
a. Prevailing Wage Rates and Hours of Labor for Local Government Unit Public Works Projects (Section 66.0903, Wisconsin Statute)
The Statutes requires the department to determine the prevailing wage rates for all types of local public works projects and requires the department to investigate any alleged violation of such wage rates and hours of labor.
Enforced by complaint filed with the Equal Rights Division within 2 years.)
b. Prevailing Wage Rates and Hours of Labor for State Building Public Works Projects (Section 103.49, Wisconsin Statute) [Back to Top]
The Statutes requires the department to determine the prevailing wage rates for all types of state public works construction projects, except highways and bridges, and requires the department to investigate any alleged violations of such wage rates and hours of labor
Enforced by complaint filed with the Equal Rights Division within 2 years.
c. Prevailing Wage Rates and Hours of Labor for State Highway Projects (Section 103.50, Wisconsin Statute) [Back to Top]
The Statutes requires the department to determine the prevailing wage rates for all state contracted highway construction projects. The Department of Transportation is responsible for enforcement.
Enforced by complaint filed with the Equal Rights Division within 2 years.
8. Hours Of Work And Overtime ( Sections 103.01-03, Wisconsin Statutes, Chapter DWD 274 Wisconsin Administrative Code) [Back to Top]
The Statutes requires payment of time and one half the regular rate of pay for hours worked in excess of forty in a given week, and provides certain exemptions.
Enforced by complaint filed with the Equal Rights Division within 2 years, also through circuit court.
9. Records Open To Employee (Section 103.13, Wisconsin Statutes) [Back to Top]
The Law provides employees or former employees the right to inspect their own personnel records.
Enforced by complaint filed with the Equal Rights Division within 2 years.
10. One Day Of Rest In Seven ( Section 103.85, Wisconsin Statutes,Chapter DWD 275 Wisconsin Administrative Code) [Back to Top]
The law requires employers in factories or mercantile establishments to provide at least one period consisting of twenty-four consecutive hours of rest in each calendar week. Allows for the issuance of waivers or modifications to employers when jointly requested by labor and management.
Enforced by complaint filed with the Equal Rights Division within 2 years, also through circuit court.
11. Street Trades (Sections 103.21-32, Wisconsin Statutes,Chapter DWD 271 Wisconsin Administrative Code) [Back to Top]
The law establishes maximum daily and weekly hours, and sets time of day restrictions for minors (those under 18 years of age) engaging in street trades (delivery, distribution or selling items door to door). Also provides for enforcement action.
Enforced by complaint filed with the Equal Rights Division within 2 years, also through circuit court.
12. Child Labor ( Sections 103. 64-82, Wisconsin Statutes,Chapter DWD 270 Wisconsin Administrative Code) [Back to Top]
The law establishes maximum daily and weekly hours, sets time of day restrictions for the employment of minors, and explains employment prohibitions (by type of employment) for minors 11 through 17 years of age. Also provides for enforcement action.
Enforced by complaint filed with the Equal Rights Division within 2 years, also through circuit court.
13. Minimum Wage ( Sections 104.0 1-12, Wisconsin Statutes,Chapter DWD 272 Wisconsin Administrative Code) [Back to Top]
The law sets minimum wage rates, provides for special minimum wage licenses for rehabilitation facilities and for workers with disabilities and student learners and defines what comprises “hours worked.”
Enforced by complaint filed with the Equal Rights Division within 2 years, also through circuit court.
14. Private Employment Agents (Sections 105.01-16, Wisconsin Statutes, Chapter DWD 277 Wisconsin Administrative Code) [Back to Top]
The law provides rules for the licensing of private employment agents that require applicant-paid fees, and for the registration of employer-paid fee agent Section Authorizes enforcement action.
Enforced by complaint filed with the Equal Rights Division within 2 years, also through circuit court.
15. Wage Payment and Collection (Sections 109.01-11, Wisconsin Statutes) [Back to Top]
The law requires the department to process individual wage claims from employees who have not received earned wages, and establishes when employees must be paid.
Enforced by complaint filed with the Equal Rights Division within 2 years, also through circuit court.
16. Business Closing & Mass Layoff ( Section 109.07, Wisconsin Statutes,Chapter DWD 279 Wisconsin Administrative Code) [Back to Top]
The Statutes states that for employers of 50 or more requires sixty days advance written notification of a business closing or mass layoff. Notices must be provided to the department, affected employees, the union and the highest official of the municipality in which the business is located.
Enforced by complaint filed with the Equal Rights Division within 300 days.
17. Cessation of Health Care Benefits (Section 109.075, Wisconsin Statutes) [Back to Top]
The Statutes states that for employers of 50 or more requires sixty days advance written notification when an employer decides to terminate a health care benefit plan. Notices must be provided to the employees, retirees, and their dependents. The law does not require notification to employees who quit or who are terminated, nor does it require notification when an employer makes changes to an existing plan.
Enforced by complaint filed with the Equal Rights Division within 300 days.
For more information regarding these laws, contact:
STATE OF WISCONSIN
DEPARTMENT OF WORKFORCE DEVELOPMENT
EQUAL RIGHTS DIVISION
CIVIL RIGHTS BUREAU
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201 E WASHINGTON AVE
ROOM A300
PO BOX 8928
MADISON WI 53708
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819 N 6th ST
ROOM 255
MILWAUKEE WI 53203
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Telephone Number: (608) 266-6860
TTY Number: (608) 264-8752
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Telephone Number: (414) 227-4384
TTY Number: (414) 227-4081
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Equal Rights Division Web Site
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The Department of Workforce Development is an equal opportunity service provider. If you need assistance to access services or need material in an alternate format, please contact us.
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Updated February 03, 2006 by the Equal Rights Division
For additional information contact the Division at ER Information.
Employment in Wisconsin is generally at-will. This means that you--as an employee-can be hired or not, fired, promoted, demoted, etc., for a good reason, bad reason or no reason at all. Because of this at-will status of employment, Wisconsin law does not recognize a claim for "wrongful termination" or other claim based only on the unfairness or inequity of the decision. The exceptions to this at-will rule is when the action violates a specific provision of law like Wisconsin and Federal fair employment laws prohibiting discrimination, interference with rights to family or medical leave, or some other violation of a right specifically recognized right in the law, many of which are mentioned above, or a right granted to you in an agreement between you and your employer. This means that decisions employers make affecting your employment can be unfair, but not unlawful. If you are in doubt about whether your rights have been violated, you may want to consider having your situation reviewed by a competent legal professional or an organization like the Federal Equal Employment Opportunity Commission and the Wisconsin Equal Rights Division of the Department of Workforce Development.
Attorney Gordon R. Leech
Samster, Konkel & Safran, SC
1110 N. Old World Third St., Suite 405
Milwaukee, WI 53203
Tel: 414-224-0400