Military Service Discrimination

Overview

The Wisconsin Fair Employment Act prohibits employers, employment agencies, labor unions, licensing agencies, and other persons from discriminating against employees, job applicants, or licensing applicants because of their past, current or prospective military service.

The law defines military service as service in the U.S. armed forces, the state defense force, the national guard of any state, or any other reserve component of the U.S. armed forces.

The statute of limitations for filing a complaint is 300 days from the date the action was taken or the individual was made aware the action was taken.

Prohibited Discrimination

The law prohibits discrimination because of military service in recruitment, hiring, job assignments, pay, leave or benefits, promotion, licensing or union membership, training, layoff and firing, harassment and other employment related actions.

Exceptions

It is not employment discrimination to bar or terminate an individual from employment or licensure because the individual has been released from military service under a bad conduct, dishonorable, or other than honorable discharge, or an entry-level separation, and it substantially relates to the circumstances of the particular job or licensed activity.

Frequently Asked Questions:

What if my employer refuses to reinstate me after military deployment?

Although the Wisconsin Fair Employment Act prohibits discrimination based on military service, it does not specifically provide for reemployment of military service members. The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that addresses reemployment of military service members. Complaints under USERRA can be directed the U.S. Department of Labor.

Resources

For more information

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