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.