Vol. 71, No. 3, March
1998
The Primary State and Federal Employment Claims
The Primary State and Federal Employment Claims
Wisconsin
Fair Employment Act (WFEA) Applies to all employers. Prohibits discrimination
in
terms and conditions of employment on the basis of age, race, creed, color,
handicap, marital status, gender, national origin, ancestry, sexual orientation,
arrest record, conviction record, membership in the national guard, state
defense force, or any military reserve unit, or the use or nonuse of lawful
products off the employer's premise during nonworking hours. Damages include
reinstatement, backpay, attorney fees, and up to two years front pay in
lieu of reinstatement in retaliation cases. Cases are decided by an administrative
law judge.
Worker's
Compensation Act (WCA) Applies to all employers. Provides partial wage
replacement, medical expenses, and temporary or permanent disability based
upon the severity of the injury. Attorney fees are limited to 20 percent
of the claim, and are paid by the claimant. Cases are decided by an administrative
law judge.
The Primary Federal Employment Claims
The Civil Rights
Act (Title VII) (as amended) Applies to employers with 15 or more employees.
Prohibits discrimination based upon gender, race, color, national origin
and religion. Damages include backpay, reinstatement or front pay, attorney
fees, compensatory and punitive damages. Cases are decided by a jury where
compensatory/punitive damages are sought, otherwise by a state or federal
court judge.
The Americans
with Disabilities Act (ADA) Applies to employers with 15 or more employees.
Prohibits discrimination on the basis of disability. Protects persons who
are disabled or who are perceived as being disabled, who can perform the
job with or without reasonable accommodation. Damages are the same as for
a Civil Rights Act claim (compensatory/punitive damages are not available
if the sole issue is a reasonable accommodation). Cases are decided by a
jury as in civil rights cases.
Age Discrimination
in Employment Act (ADEA) Applies to employers who have 20 or more employees.
Prohibits discrimination on the basis of age. Protects persons over the
age of 40. Damages include backpay, reinstatement or front pay, liquidated
(double) damages for willfulness, and attorney fees. Cases are decided by
a jury or judge.
Equal Pay Act
(EPA) Applies to employers covered by the Fair Labor Standards Act (generally,
any employer engaged in any type of interstate activity). Prohibits gender-based
wage discrimination for equivalent work. Damages include pay equalization
(retroactive and prospective), liquidated damages for willfulness, and attorney
fees. Cases are decided by a jury or judge.
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