Discrimination in Employment

Various Federal laws prohibit discrimination in employment decision such as hiring, firing, termination, promotion and other adverse employment actions, based on personal characteristics like age, race, religion, color, sex or gender, national origin, and medical conditions or disabilities. The laws vary a bit in terms of which employers are subjected to the law and whether an employee is covered. All these laws typically do have provisions though that also protect employees from retaliation for having objected to discrimination in employment or participated in a proceeding involving a suspected violation of the discrimination laws.

The Wisconsin Fair Employment Act prohibits discrimination in employment decision such as hiring, firing, termination, promotion and other adverse employment actions, on the same basis as Federal law but also includes additional protections in terms of protected characteristics and covered employers. Essentially, all employers in Wisconsin must comply with the act. In addition to the personal characteristics protected under Federal law (age, race, religion, color, sex or gender, national origin, and medical conditions or disabilities), Wisconsin law also protects on the basis of ancestry, arrest record, conviction record, creed, genetic testing, honesty testing, marital status, military service, pregnancy or childbirth, sexual orientation or the use or nonuse of lawful products off the employer’s premises during nonworking hours. 

Like the Federal laws, the Wisconsin law protects employees from retaliation for having objected to discrimination in employment or participated in a proceeding involving a suspected violation of the act.

For most claims under Federal and Wisconsin law, you must file a complaint of discrimination with either the Federal Equal Employment Opportunity Commission (click here for the EEOC website) or the Wisconsin Equal Rights Division (click here for the ERD website) within 300 days of the discriminatory act.

Whether your rights were violated is a fact intensive inquiry. We review potential claims of employment discrimination on an individual consultation basis, where we discuss what occurred, the law and whether we are interested in representing you in pursuing a violation. To find out more, contact us.

Telephone (414) 431-1920