Best Job Discrimination Lawyers in Wisconsin

About Job Discrimination Law in Wisconsin, United States

Job discrimination occurs when an employee or job applicant is treated unfairly because of certain protected characteristics. In Wisconsin, job discrimination is regulated by both federal and state laws, which are designed to ensure equal treatment and a fair workplace. Discrimination can be based on factors like race, gender, age, disability, religious beliefs, sexual orientation, or other protected statuses. Job discrimination can affect hiring, firing, promotions, compensation, fringe benefits, job assignments, layoffs, training, or any other term or condition of employment.

Why You May Need a Lawyer

People experiencing job discrimination in Wisconsin often seek legal help for a variety of reasons. You may need a lawyer if:

• You believe you were refused a job or promotion because of your race, gender, age, disability, or another protected trait.
• You were unfairly disciplined, demoted, or terminated for reasons you suspect are discriminatory.
• Your employer retaliated against you for complaining about discrimination or for participating in an investigation.
• You are unclear about your rights or how to file a complaint.
• You need help understanding a settlement offer or negotiating with your employer.
• You suspect systemic discrimination at your workplace.
• You face harassment on the job due to a protected characteristic.

A qualified employment lawyer can explain your rights, evaluate the strength of your case, help gather evidence, represent you in filings or hearings, and negotiate on your behalf.

Local Laws Overview

In Wisconsin, job discrimination is primarily governed by the Wisconsin Fair Employment Act (WFEA) alongside federal laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. The WFEA provides protection for more categories than federal law and covers most employers. Here are key aspects:

• The WFEA makes it illegal for employers to discriminate based on race, color, national origin, ancestry, age (40 and over), gender, disability, religious beliefs, sexual orientation, marital status, arrest/conviction record, military service, use or nonuse of lawful products (like tobacco), and others.
• The WFEA applies to state government, local governments, and private sector employers with at least one employee.
• Harassment based on protected categories is prohibited.
• Retaliation against individuals who file a discrimination complaint or participate in an investigation is unlawful.
• The Wisconsin Equal Rights Division (ERD) investigates, mediates, and adjudicates discrimination claims.
• There are strict filing deadlines. Most workplace discrimination complaints must be filed with the ERD within 300 days of the incident.

Some cities, like Madison and Milwaukee, offer additional protections and have local enforcers such as Equal Opportunities Commissions.

Frequently Asked Questions

What qualifies as job discrimination in Wisconsin?

Job discrimination means treating someone unfairly in any area of employment due to their protected status, including hiring, firing, salary, job assignments, or promotions. The unfair treatment must be because of a trait protected under state or federal law, such as race, gender, age, disability, etc.

Who is protected by job discrimination laws in Wisconsin?

All employees and job applicants are protected if the employer has at least one employee. Protections apply based on race, color, sex (including pregnancy), national origin, religion, age (40 and over), disability, sexual orientation, marital status, military service, and other specific factors.

How do I file a discrimination complaint in Wisconsin?

You can file a discrimination complaint with the Wisconsin Equal Rights Division (ERD). Complaints generally must be filed within 300 days of the discriminatory action. The ERD will investigate and may attempt resolution through conciliation or hold a hearing if needed.

Can my employer retaliate if I complain about discrimination?

No, retaliation is illegal. If you complain in good faith about suspected discrimination, or assist in someone else's complaint, your employer cannot punish you for it. If you suffer retaliation, you can file a separate complaint over the retaliation itself.

What evidence is needed to prove job discrimination?

Useful evidence includes written communications, witness statements, company policies, performance reviews, and records showing how others in similar situations were treated differently. A lawyer can help build an effective case with available evidence.

How long do I have to file a claim?

In most cases, you must file a discrimination complaint with the ERD within 300 days of the last act of discrimination. Missing this deadline can prevent you from moving forward with your claim, so it is important to act promptly.

Am I covered if I work for a small employer?

The Wisconsin Fair Employment Act covers most employers, including those with as few as one employee. Some federal laws require a minimum number of employees, but state law is more inclusive.

Does Wisconsin law protect against sexual orientation discrimination?

Yes, Wisconsin law specifically prohibits discrimination based on sexual orientation in employment decisions.

Can I be compensated if I win my case?

Possible remedies include job reinstatement, back pay, benefits lost due to discrimination, and sometimes compensation for emotional distress. Legal fees may also be covered in certain cases.

How can a lawyer help with my discrimination claim?

A lawyer can assess the facts of your situation, gather and present evidence, file formal complaints, represent you in settlement talks or hearings, and advocate for your rights throughout the process.

Additional Resources

For further help or to start a claim, consider reaching out to these organizations and agencies:

• Wisconsin Equal Rights Division (part of the Wisconsin Department of Workforce Development) is the primary agency for workplace discrimination claims in Wisconsin.
• The United States Equal Employment Opportunity Commission (EEOC) handles federal job discrimination complaints.
• Local offices such as the City of Madison Equal Opportunities Division or Milwaukee Equal Rights Commission can offer guidance for city-specific cases.
• Legal Action of Wisconsin and Wisconsin Judicare are nonprofit legal services for low-income individuals.
• The State Bar of Wisconsin can help you find a qualified employment lawyer.

Next Steps

If you suspect job discrimination, keep detailed records of incidents, communications, and any witnesses. Act quickly, as strict deadlines apply. You can start by contacting your employer's HR department, but you do not have to go through internal processes before filing a complaint. Consider consulting an experienced employment lawyer to evaluate your claim and ensure your rights are protected. If you decide to file, submit your complaint to the Wisconsin Equal Rights Division or an appropriate agency for your situation. Stay aware of your complaint's status and keep copies of all related documents. Legal professionals can help guide you through every step and maximize your chances of achieving a fair outcome.