COMPLIANCE WITH LIRC ORDERS IN EQUAL RIGHTS CASES

If the Labor & Industry Review Commission orders an employer to take action in an equal rights case, and the employer is ordered to submit a Compliance Report to show compliance with that ordered action, the employer must submit the Compliance Report to the commission within 30 days after the date the commission decision becomes final. The Compliance Report that the employer must fill out will be provided with the commission decision. The employer is responsible for completing and submitting the Compliance Report and demonstrating substantial compliance with the commission’s order.

When the employer submits the Compliance Report, the employer must provide a copy to the employee. The employee has 10 days to provide any response to the Compliance Report to the commission. This is a worksheet that may be helpful for computing back pay and interest on back pay .

The employer’s Compliance Report and the employee’s response should be sent to:

Labor & Industry Review Commission
Compliance
P.O. Box 8126, Madison, WI 53708

or faxed to (608) 267-4409

or emailed to lircdwd.wisconsin.gov

If a commission decision is appealed to circuit court, the commission decision is not final, and the requirement to comply with the order is held in abeyance until the court action is final. The employer is still expected to file the Compliance Report with the commission within 30 days after the date the court decision is final if the court affirms the commission decision.

If an employer fails to submit a Compliance Report, the commission may refer the case to the Department of Justice for compliance enforcement in circuit court. The statutes provide that every day during which an employer fails to observe and comply with any order of the commission shall constitute a separate and distinct violation of the order and that, for each such violation, the employer shall forfeit not less than $10 nor more than $100 for each offense. Wis. Stats. §§ 111.395, 103.005(11) and (12).

When an employer submits the Compliance Report to the commission, a commission staff attorney will review the Compliance Report to determine if the employer has complied with the commission’s order. The staff attorney will inform the parties whether the commission considers the Compliance Report to satisfy the commission’s order. The staff attorney may request further documentation from the parties to determine compliance with the commission’s order.

If an employer fails to comply with action ordered by the commission, the employee may seek enforcement of the commission’s decision in circuit court. If the employee disagrees with the staff attorney that the Compliance Report complies with the commission decision, the employee may seek enforcement of the commission’s decision in circuit court and argue to the court that the employer has not complied with the commission’s order. This is a sample complaint that may be helpful for an attorney filing an enforcement action in circuit court .

The commission staff cannot provide legal advice to parties regarding filing an action in circuit court. The information provided here is intended solely as informational for parties involved in equal rights cases before the Labor & Industry Review Commission. It is not meant to be legal advice, nor is it legal advice in any fashion. The information does not in any way remove from the individual the responsibility to research and comply with all applicable statutory requirements for filing a Compliance Report or filing an enforcement action in the circuit court. For legal advice, you may want to contact an attorney.

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