Equal Rights Decision Digest -- Hypertext Subject Matter Index             [Full Subj. Matter Index]

 

 

100 FAIR EMPLOYMENT ACT (See also 600, 700, 800)

 

200 OPEN HOUSING and  PUBLIC ACCOMMODATIONS Laws

 

300 FAMILY AND MEDICAL LEAVE ACT (FMLA)

 

500 OTHER LAWS

 

600 PROOF - STANDARDS AND BURDENS ( WFEA cases)

 

700 PROCEDURE ( WFEA cases)

 

800 REMEDIES FOR DISCRIMINATION ( WFEA cases)

 

900 CIVIL ACTION FOR DAMAGES ( WFEA cases) (Repealed)

[Intro. to the ER Digest] - [Subj. Matter Index (Full)] - [Alphabetical Topic List] - [Case Table]

100 FAIR EMPLOYMENT ACT (WFEA) (s. 111.31, et seq.)

110 Coverage and application, generally

120 Prohibited bases of discrimination (includes 130's)

140 Affirmative Action

150 Particular Employment Actions

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110 Coverage and application, generally

111 Purpose of the Wisconsin Fair Employment Act

112 Who may file a complaint

113 Against whom a complaint may be filed

114 Geographical coverage of the WFEA

115 Express exceptions from coverage

116 Exclusivity of WFEA remedy

117 Effect of other laws on WFEA rights and remedies

118 Constitutional issues

119 Relationship to other litigation: res judicata, collateral estoppel

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112 Who may file a complaint

112.1 Covered individuals

112.2 Covered employment relationships; independent contractors

112.3 Standing

112.9 Miscellaneous

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113 Against whom a complaint may be filed

113.1 Employers

113.2 Labor organizations

113.3 Licensing and employment agencies

113.4 Other persons

113.5 Respondent's responsibility for acts of agents

113.9 Miscellaneous

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117 Effect of other laws on WFEA rights and remedies

117.1 Title VII

117.2 Equal Pay Act

117.3 Age Discrimination in Employment (ADEA)

117.4 ERISA; Labor relations laws (NLRA, LMRA)

117.5 Secs. 118.195-118.20, Stats. (Teachers)

117.6 Worker's Compensation Act (Ch. 102, Stats.)

117.7 Federal Family and Medical Leave Act

117.9 Miscellaneous

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119 Relationship to other litigation: claim preclusion (res judicata), issue preclusion (collateral estoppel); judicial estoppel

119.1 General principles

119.2 Title VII, ADEA, other federal court decisions

119.3 State court decisions

119.4 Other FEP agency decisions

119.5 Arbitration decisions

119.6 Unemployment compensation decisions

119.9 Miscellaneous

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120 Prohibited bases of discrimination (includes 130's)

121 Age Discrimination

122 Arrest or Conviction Record Discrimination

123 Disability Discrimination

124 National Origin and Ancestry Discrimination

125 Race and Color Discrimination

126 Creed (Religion) Discrimination

127 Sex Discrimination

128 Sexual Orientation Discrimination

129 Marital Status Discrimination

130 Use or Non-use of Lawful Products

131 Military Service Discrimination

132 Honesty Testing

133 Retaliation for exercise of rights under the WFEA (s. 111.322(3))

134 Retaliation for enforcing rights under certain other laws (s. 111.322(2m))

135 Genetic Testing

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121 Age Discrimination

121.1 Coverage, exceptions

121.2 Hire

121.3 Compensation, benefits

121.4 Conditions of employment

121.5 Termination

121.6 Retirement plans

121.7 Waivers

121.9 Miscellaneous

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121.1 Age Discrimination; Coverage, exceptions

121.11 Lower age limit; comparative ages of employes

121.12 Upper age limit

121.13 Hazardous occupations

121.14 Preemption

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122 Arrest or Conviction Record Discrimination

122.1 Coverage, exceptions

122.2 The "substantial relationship" standard

122.3 Other affirmative defenses

122.4 Bondability

122.5 Falsification of employment application with respect to prior conviction

122.6 Remedies

122.9 Miscellaneous

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122.1 Arrest or Conviction Record Discrimination; Coverage, exceptions

122.11 General

122.12 Definition of 'arrest record',  'conviction record'

122.13 'Onalaska' rule - underlying act, rather than arrest, as reason

122.19 Miscellaneous

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122.2 Arrest or Conviction Record Discrimination; the "substantial relationship" defense

122.21 Generally

122.22 Circumstances not substantially related

122.23 Circumstances substantially related

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123 Disability Discrimination

123.1 Coverage

123.2 Particular disabilities

123.3 Complainant's burden of proof

123.4 Employer's burden of proof; affirmative defenses

123.5 Employer's duty to accommodate

123.6 Proof of medical facts

123.9 Miscellaneous

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123.1 Disability Discrimination; Coverage

123.11 Definition of disability, generally

123.12 Perceived disability

123.13 Permanent versus temporary conditions

123.14 Conditions found to be disabilities

123.15 Conditions found not to be disabilities

123.16 Preemption by Worker's Compensation Act (see section 117.6)

123.19 Miscellaneous

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123.2 Disability Discrimination; Particular disabilities

123.21 Acquired immune deficiency syndrome (AIDS)

123.22 Alcoholism, drug addiction

123.23 Back problems, lifting restrictions

123.24 Epilepsy, seizure disorders

123.25 Mental impairment

123.26 Visual, hearing impairments

123.27 Other conditions

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123.3 Disability Discrimination; Complainant's burden of proof

123.31 Generally

123.32 Employer's knowledge of disability

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123.4 Disability Discrimination; Employer's burden of proof, affirmative defenses

123.41 Generally

123.42 Inability to perform job-related responsibilities

123.43 Risk of injury to employe or others; reasonable "probability" standard

123.44 Risk of injury to employe or others; lesser "possibility" standard

123.45 Requirement of case-by-case evaluation

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124 National Origin and Ancestry Discrimination

124.1 Coverage; distinction between national origin and ancestry

124.2 Harassment because of national origin

124.3 Cases

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125 Race and Color Discrimination

125.1 Coverage; generally

125.2 Hire

125.3 Conditions of employment, harassment because of race

125.4 Promotion, compensation, terms of employment

125.5 Termination

125.9 Miscellaneous

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126 Creed (Religion) Discrimination

126.1 General coverage

126.2 Exception allowing religious associations to give preference to adherents to their creed

126.3 Constitutional issues

126.4 Employer's duty to accommodate

126.5 Harassment because of creed

126.6 Cases

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127 Sex Discrimination

127.1 Coverage, exceptions

127.2 Hire

127.3 Sexual harassment

127.4 Harassment because of gender

127.5 Compensation, benefits, equal pay

127.6 Promotion, job assignments

127.7 Termination

127.9 Miscellaneous

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127.1 Sex Discrimination; Coverage, exceptions

127.11 Sex as a Bona Fide Occupational Qualification (BFOQ)

127.12 Pregnancy, childbirth, maternity leave or related medical condition

127.13 Claims of sex discrimination by males

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127.7 Sex Discrimination; termination

127.71 Termination because of sex, generally

127.72 Termination because of pregnancy, childbirth, maternity leave or related medical condition

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129 Marital Status Discrimination

129.1 Coverage, generally

129.2 Spousal Identity

129.3 Insurance coverage

129.4 Cases

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132 Honesty Testing

132.1 Required procedures, nature of permitted tests

132.2 Discipline or discharge based on refusal to take test

132.3 Definition of "test results"

132.4 Definition of "independently obtained evidence"

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133 Retaliation for exercise of rights under the WFEA (s. 111.322(3))

133.1 Coverage

133.2 Standard of proof

133.3 Retaliation by former employer

133.4 Cases

133.9 Miscellaneous

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133.2 Retaliation for exercise of rights under the WFEA (s. 111.322(3)); standard of proof

133.21 Prima facie case

133.22 Employer knowledge of oppositional activity

133.23 Establishing causal connection between opposition activity and adverse action

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134 Retaliation for attempts to enforce rights under certain laws other than the WFEA  (s. 111.322(2m))

134.1 Coverage

134.2 Standard of proof
134.3 Cases

134.9 Miscellaneous

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140 Affirmative Action

141 Generally

142 Affirmative action efforts found permissible

143 Affirmative action efforts found impermissible

149 Miscellaneous

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150 Particular Types Of Adverse Employment Actions

151 Constructive discharge

152 Harassment, deprecatory employment atmosphere

153 Printing or making an inquiry which expresses or implies discrimination

154 Failure to post notices required by law

155 Use of subjective criteria in hiring

156 Discrimination by third parties

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152 Harassment, deprecatory employment atmosphere

152.1 Generally

152.2 Harassment because of creed

152.3 Harassment because of national origin

152.4 Harassment because of race

152.5 Sexual harassment

152.6 Harassment because of gender

152.7 Harassment because of sexual orientation

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This page was last updated April 19, 2013 .