Skip main navigation

Outdated or Unsupported Browser Detected
DWD's website uses the latest technology. This makes our site faster and easier to use across all devices. Unfortunatley, your browser is out of date and is not supported. An update is not required, but it is strongly recommended to improve your browsing experience. To update Internet Explorer to Microsoft Edge visit their website.

  2. Equal Rights
  3. Civil Rights
  4. Discrimination
  5. Military Service Discrimination

Military Service Discrimination

Overview

The Wisconsin Fair Employment Act prohibits employers, employment agencies, labor unions, licensing agencies, and other persons from discriminating against you as an employee, job applicant, or licensing applicant because of your 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 you were 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 you from employment or licensure because you have 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.

What if your employer refuses to reinstate you 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.

For More Information