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

100 THE WISCONSIN FAIR EMPLOYMENT ACT (WFEA) (Secs. 111.31-111.395, Stats.)
110 Coverage and application, generally
111 Purpose of the Wisconsin Fair Employment Act
112 Who may file a complaint
112.1 Covered individuals
112.2 Covered employment relationships; independent contractors
112.3 Standing
112.9 Miscellaneous
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
114 Geographical coverage of WFEA
115 Express exceptions from coverage
116 Exclusivity of WFEA remedy
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
118 Constitutional issues
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
 
120-134 Prohibited bases of discrimination
121 Age Discrimination
121.1 Coverage, exceptions
121.11 Lower age limit; comparative ages of employes
121.12 Upper age limit
121.13 Hazardous occupations
121.14 Preemption
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
122 Arrest or Conviction Record Discrimination
122.1 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
122.2 The "substantial relationship" defense
122.21 Generally
122.22 Circumstances not substantially related
122.23 Circumstances substantially related
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
123 Disability Discrimination
123.1 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
123.2 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
123.3 Complainant's burden of proof
123.31 Generally
123.32 Employer's knowledge of disability
123.4 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
123.5 Employer's duty to accommodate
123.6 Proof of medical facts
123.9 Miscellaneous
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
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
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
127 Sex Discrimination
127.1 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
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
127.71 Termination because of sex, generally
127.72 Termination because of pregnancy, childbirth, maternity leave or related medical condition
127.9 Miscellaneous
128 Sexual Orientation Discrimination
129 Marital Status Discrimination
129.1 Coverage, Generally
129.2 Spousal Identity
129.3 Insurance coverage
129.4 Cases
 
130 Use or Non-use of Lawful Products
 
131 Military Service Discrimination
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"
133 Retaliation for exercise of rights under the WFEA (s. 111.322(3))
133.1 Coverage
133.2 Standard of proof
133.21 Prima facie case
133.22 Employer knowledge of oppositional activity
133.23 Establishing a causal connection between the oppositional activity and the adverse employment action
133.3 Retaliation by former employer
133.4 Cases
133.9 Miscellaneous
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
135 Genetic Testing
140 Affirmative Action
141 Generally
142 Affirmative action efforts found permissible
143 Affirmative action efforts found impermissible
149 Miscellaneous
 
150 Particular Types of Adverse Employment Actions
151 Constructive discharge
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
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

160 Discrimination for declining to attend a meeting or participate in a communication about religious or political matters

[ Top ] [ER Digest] - [Hypertext Subj. Matter Index] - [Alphabetical Topic List] - [Case Table]

200 WISCONSIN OPEN HOUSING and PUBLIC ACCOMMODATIONS Laws
210 Housing Discrimination (Sec. 106.50, Stats.)
211 Coverage, exceptions
212 Cases
212.1 Race discrimination
212.2 Sex discrimination; marital status discrimination
212.3 Disability discrimination
212.4 Other discrimination
213 Testing
214 Advertisements for housing
215 Remedies
219 Miscellaneous
220 Discrimination in Public Accommodations or Amusements (Sec. 106.52, Stats.)
221 Coverage
222 Cases
223 Remedies
229 Miscellaneous
[ Top ] [ER Digest] - [Hypertext Subj. Matter Index] - [Alphabetical Topic List] - [Case Table]

300 THE WISCONSIN FAMILY AND MEDICAL LEAVE ACT (FMLA) (Sec. 103.10, Stats.)
310 Coverage and application, generally
311 Number of employes
312 Length of employment
313 Statute of limitations
314 Posting requirement
315 Preemption issues
316 Miscellaneous
320 Definition of "serious health condition"
330 Right to substitute leave
340 Notice to the employer
350 Return to equivalent position after leave
360 Taking partial leave and related issues
370 Remedies
380 Cases
390 Procedural matters; judicial review
[ Top ] [ER Digest] - [Hypertext Subj. Matter Index] - [Alphabetical Topic List] - [Case Table]

 


 

500 OTHER LAWS
510  Public Employe Safety And Health Law (Sec. 101.055, Stats.)
520  Employes' Right To Know Law (Secs. 101.58-101.599, Stats.)
530  Discrimination In Admission To Post-Secondary Education (Sec. 106.56, Stats.)
540  Statutes Relating to Retaliation for Reports of Abuse or Neglect
541  Retaliation For Reports To Board On Aging and Long-Term Care (Sec. 16.009(5), Stats.)
542  Retaliation For Reports Of Elder Abuse (Sec. 46.90(4)(b), Stats.
543  Retaliation For Reports As To Residential Care Facilities (Sec. 50.07(3), Stats.)
544  Health Care Worker Protection (Sec. 146.997, Stats)
550  State Employees "Whistleblower" Law (Sec. 230.80-89, Stats.)
551  Coverage, General
551.1  Generally
551.2  Which entities are covered 
552  Disclosure of information
552.1  Generally
552.2  Exception for disclosure likely to result in anything of value for the employee 
553  Processing of Information by Governmental Unit
554  Retaliatory Action Prohibited
554.1  Generally
554.2  Disciplinary action
554.3  Presumption of retaliation
554.4  Cases
555  Procedures
555.1  Jurisdictional issues; timeliness of complaint
555.2  Remedies; Attorney's fees and costs for frivolous claims
555.3  Judicial Review
556  Cases
560  Statutes Relating To Certain Military Service and Emergency Worker Rights
          561 Re-employment Rights After National Guard, state defense force or public health emergency service (Sec. 321.65, Stats.)
          562 Discrimination based on Civil Air Patrol Membership (Sec. 321.66, Stats)
          563 Absence from work of volunteer firefighter, emergency medical technician, first aid responder or ambulance driver (Sec. 103.88, Stats)

 

[ Top ] ER Digest] - [Hypertext Subj. Matter Index] - [Alphabetical Topic List] - [Case Table]

600 PROOF - STANDARDS AND BURDENS
610 General Considerations
611 Complainant's ultimate burden of proof
612 Burden of proof in mixed motive cases
619 Miscellaneous
620 Proof of Intentional Discrimination
621 Direct evidence of discrimination
622 Proof of intent utilizing the McDonnell-Douglas v. Green framework
622.1 General considerations
622.2 Complainant's prima facie case
622.3 Respondent's burden to articulate legitimate, non-discriminatory reasons
622.4 Complainant's proof of pretext
630 Proof of Disparate Impact
631 General considerations
632 Complainant's burden to show adverse impact
632.1 Complainant's prima facie case
632.2 Extent of disparity
632.3 Adequacy of sample size
633 Respondent's burden to show job-relatedness
634 Complainant's burden to demonstrate availability of alternatives with lesser adverse impact
635 Cases
640 Probable Cause
641 Definition of probable cause
642 Complainant's burden of proof
643 Credibility considerations
644 Cases
649 Miscellaneous
650 Specific Issues
651 Proof of medical facts
659 Miscellaneous
[ Top ] [ER Digest] - [Hypertext Subj. Matter Index] - [Alphabetical Topic List] - [Case Table]

 


700 PROCEDURE
710 Complaint
711 Timeliness
711.1 Measurement of timeliness
711.2 Continuing violations
711.3 Tolling of time to file complaint; equitable estoppel
711.4 Determinations of timeliness, appealability
712 Parties, naming in complaint
713 Identification of issues, notice
714 Amendment of complaint, relation back to original complaint
715 Adequacy of complaint
716 Appeal of preliminary determination dismissing complaint
717 Effect of pre-filing waiver and release of claims
719 Miscellaneous
720 Investigation
721 Generally
722 Appeal of no probable cause determinations
722.1 Filing of appeal
722.2 Probable cause hearing
730 Conciliation
740 Procedures prior to hearing
741 Notice of hearing
741.1 Generally
741.2 Identification of issues
742 Answer
743 Postponements
744 Pre-hearing conferences and orders
745 Discovery
746 Dismissals for failure to respond to correspondence from the department
747 Prehearing disclosure of witnesses and exhibits
748 Withdrawals and settlements
748.1 Withdrawal of complaint; dismissal
748.2 Settlement agreements; enforcement
749 Dismissals for failure to state a claim upon which relief may be granted
750 Role of Administrative Law Judge
751 Generally
752 Disqualification of Administrative Law Judge
760 Procedures at Hearing
761 Parties' right to representation
762 Evidence
762.1 Generally
762.2 Admissibility
762.3 Matters found probative or relevant
762.4 Official notice
762.5 Judicial admissions
762.6 Rebuttal evidence
763 Other procedures at hearing
764 Dismissal of a complaint at close of Complainant's case
765 Failure to appear at hearing
766 Interpreters; Translations; Party's inability to speak or read English
767 Presentation of evidence regarding remedy
769 Miscellaneous
770 Record of Hearing, Decisions and Orders
771 Hearing Record; Transcripts
772 Findings of Fact
773 Conclusions of Law; opinions and decisions in general
774 Orders
775 Delay in issuance of decision
779 Miscellaneous
780 Reconsideration, rehearing
790 Appeal and review
791 Decisions not appealable to LIRC
792 Decisions appealable to LIRC
793 Decisions appealable to court
794 Procedures for review by LIRC; scope of review
795 Summary of proceedings as basis for review
796 Requirement that LIRC consult with ALJ regarding credibility impressions
797 Judicial Review
799 Miscellaneous
[ Top ] [ER Digest] - [Hypertext Subj. Matter Index] - [Alphabetical Topic List] - [Case Table]

 


800 REMEDIES;  ATTORNEY'S FEES, COSTS;  FRIVOLOUS CLAIMS, DEFENSES
810 Burden of proof re: remedies
820 Right to liability finding when no remediable harm
830 Remedies which may be provided
831 Back Pay
831.1 Entitlement to back pay, generally
831.2 Computation of amount, generally
831.3 Offsets from back pay
831.4 Events limiting back pay liability
831.41 Unconditional offer of reinstatement
831.42 Accepting comparable job at same or higher pay
831.43 Quitting or being fired from comparable job
831.44 Unavailability for work
831.45 Showing that job would have ended anyway
831.46 After-acquired evidence
831.5 Limitation to two years prior to filing of complaint
831.6 Respondent's obligation to pay, exceptions and limitations
831.9 Miscellaneous
832 Front pay
833 Reinstatement; hire
834 Other remedial orders
834.1 Remedies for insurance benefit denial
834.2 Remedies for loss of seniority
834.3 Remedies for loss of fringe benefits
834.4 Remedies for emotional harm
834.5 Miscellaneous remedial orders
834.51 Clearing file, neutral references
834.52 Posting order, notices
834.53 Counseling or discipline of offending supervisor
834.59 Miscellaneous
835 Interest on award
836 Attorney fees, costs
836.1 Complainant's right to attorney fees and costs
836.11 Generally
836.12 What is 'prevailing'; partial success
836.13 Pro se complainants
836.14 Complainant's personal costs
836.15 Right to fees where legal services were not charged for
836.16 Right to fees and costs from the State
836.17 Proceedings on appeal
836.2 Respondent's right to attorney fees and costs from complainant
836.3  Procedures used in determining fees
836.4 Amount of fees
836.41 Generally
836.42 Amount of time expended
836.43 Hourly rate
836.44 Multipliers, "lodestar" enhancement
836.45 Partial success
836.46 Interest on fee award
840 Remedies in particular types of cases
841 Refusal to hire
842Termination of employment
843 Suspension 
844 Pregnancy discrimination
845 Discriminatory compensation
849 Miscellaneous
850 Duty to mitigate damages
851 Generally, burdens and proof
852 Cases
860 Frivolous claims, right to attorney's fees and costs for
861 ALJ authority to find claim or defense frivolous (227.483, Stats.) (no cases)
862 Court authority to find claim or defense frivolous (802.05, Stats., former 814.025 Stats.)
863 LIRC authority to find claim or defense frivolous
 


900 CIVIL ACTION FOR DAMAGES AFTER COMPLETION OF ALL ADMINISTRATIVE PROCEEDINGS (Repealed)




[ Top ] [ER Digest] - [Hypertext Subj. Matter Index] - [Alphabetical Topic List] - [Case Table]

 

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