Wisconsin employees can now obtain compensatory and punitive damages for discrimination
A bill (S.B. 20) that would authorize the Wisconsin circuit court to order employers who engaged in employment discrimination to pay their employees compensatory and punitive damages was signed into law by Governor Jim Doyle (D) on June 8, 2009. Called the Equal Pay Performance Act, the law takes effect on the day after publication of 2009-11 biennial budget act, which has already been approved by the state legislature.
The law, which amends the Wisconsin Fair Employment Act, provides that an employee who has been discriminated against under Wisconsin’s Fair Employment Law, or the Department of Workforce Development (DWD), may bring an action in circuit court against an employer, labor organization, licensing agency, or employment agency to recover damages caused by an act of employment discrimination after the completion of an administrative proceeding, including judicial review. If the circuit court finds that the defendant-employer has committed an act of discrimination, the court must order the defendant pay to the employee compensatory and punitive damages in an amount determined by the court. The law also applies to state and state agencies.
The clerk of circuit court must collect and transmit the surcharge to the county treasurer. The treasurer must pay the surcharge to the Secretary of the Department of Administration (DOA), who must then deposit the surcharge into the general fund to be credited to a DWD appropriation account. An action in circuit court must be commenced within 60 days after the completion of an administrative proceeding, including judicial review, regarding the violation or within two years after the violation occurred (or after the DWD or the employee discriminated against should have reasonably known that the violation occurred), whichever is later.
According to the law bill, the sum of the amount of compensatory damages for future economic losses and for pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and other noneconomic losses and the amount of punitive damages may not exceed the following, as indexed for inflation:
- In the case of a defendant that employs 100 or fewer employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $50,000.
- In the case of a defendant that employs more than 100 but fewer than 201 employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $100,000.
- In the case of a defendant that employs more than 200 but fewer than 501 employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $200,000.
- In the case of a defendant that employs more than 500 employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $300,000.
Current law provides that a employees alleging violations of Wisconsin’s Fair Employment Law may file a complaint with DWD. If a hearing examiner finds that a violation exists, the examiner may order such action as will effectuate the purpose of the Fair Employment Law, including reinstatement of the employee and payment of back pay, attorney fees, and costs. However, current law does not allow the DWD to order the payment of compensatory or punitive damages or other surcharges.
The law can be found at: http://www.legis.state.wi.us/2009/data/acts/09Act20.pdf EXE: http://www.legis.state.wi.us/2009/data/acts/09Act20.pdf.
Reprinted with permission. © CCH
<p>Wisconsin employees can now obtain compensatory and punitive damages for discrimination  A bill (S.B. 20) that would authorize the Wisconsin circuit court to order employers who engaged in employment discrimination to pay their employees compensatory and punitive damages was signed</p>
Wisconsin employees can now obtain compensatory and punitive damages for discrimination
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