Register March 2013 No. 687
Chapter DWD 218
Notification of respondent.
Preliminary review of complaints.
Appeal of initial determination of no probable cause.
Private settlement and conciliation.
Dismissal of complaint for lack of jurisdiction or other procedural basis following certification to hearing.
Notice of hearing.
Subpoenas and motions.
Disqualification of the administrative law judge.
Exchange of names of witnesses and copies of exhibits.
Record of hearing.
Decision and order.
Petition for review by the labor and industry review commission.
Pre-employment inquiries and employment records.
Pay status and witness fees for state employee parties and state employee witnesses.
Filing of documents by facsimile transmission or electronic mail.
Ch. DWD 218 Note
Chapter Ind 88 as it existed on June 30, 1995 was repealed and chapter ILHR 218 was created effective 7-1-95. Chapter ILHR 218 was renumbered chapter DWD 218 under s. 13.93 (2m) (b) 1., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, November, 1997, No. 503
DWD 218.01 Purpose.
The purpose of this chapter is to implement the provisions of ss. 16.009 (5) (d)
, 46.90 (4) (b)
, 50.07 (3) (b)
, and 321.65 (7) (b)
, Stats. Sections 111.31
, Stats., prohibit employment discrimination, unfair honesty testing, and unfair genetic testing. Section 16.009 (5)
, Stats., prohibits retaliation for reports to the Board on Aging and Long Term Care. Section 46.90 (4) (b)
, Stats., prohibits retaliation for reporting the abuse of an elderly person to a state or county agency. Section 50.07 (3) (b)
, Stats., prohibits retaliation for reports of abuse in care and service residential facilities. Section 146.997
, Stats., prohibits retaliation against health care workers who report certain information about a health care facility or health care provider. Section 321.65 (7) (b)
, Stats., provides reemployment rights after national guard, state defense force, or public health emergency service. Section 106.56
, Stats., prohibits discrimination on the basis of physical condition or developmental disability in post-secondary education. The goal of this chapter is to provide a constructive, impartial and speedy procedure for resolving disputes arising under these laws.
DWD 218.02 Definitions.
When used in this chapter or in the Wisconsin fair employment act:
“Administrative law judge" means the examiner appointed to conduct hearings under the act.
“Agency" means an office, department, independent agency, authority, institution, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts.
“Complainant" means the person who files a complaint alleging that an action prohibited by the act has been committed.
“Day", when used in time computations in this chapter, means a calendar day, except that if the last day of the time period is a Saturday, Sunday or legal holiday, the last day shall be the next business day.
“Division" means the equal rights division of the department of workforce development.
“Filing" means the physical receipt of a document.
“Person" includes, but is not limited to, one or more individuals, partnerships, associations, corporations, joint stock companies, trusts, unincorporated organizations, trustees, or trustees or receivers in bankruptcy.
“Probable cause" means a reasonable ground for belief, supported by facts and circumstances strong enough in themselves to warrant a prudent person to believe, that a violation of the act probably has been or is being committed.
“Respondent" means the person or agency alleged to have committed an action prohibited by the act.
DWD 218.02 History
Cr. Register, June, 1995, No. 474
, eff. 7-1-95; emerg. cr. (2m), am. (9) eff. 8-5-03; CR 03-092
: cr. (2m), am. (9) Register March 2004 No. 579
, eff. 4-1-04.
Who may file complaints.
A complaint may be filed by any person or by the person's duly authorized representative. A complaint filed by a representative shall state that the representative is authorized to file the complaint.
A complaint may be filed in person with any division office, or it may be mailed or sent by facsimile transmission to one of the following division offices:
Equal Rights Division, 201 East Washington Avenue, Madison, Wisconsin 53702. Facsimile number: 608-267-4592.
Equal Rights Division, 819 North Sixth Street, Milwaukee, Wisconsin 53203. Facsimile number: 414-227-4084.
(3) Form and content of complaint.
A complaint shall be written on a form which is available at any division office or on any form acceptable to the department. Each complaint shall be signed by the person filing the complaint or by the person's duly authorized representative. The signature constitutes an acknowledgment that the party or the representative has read the complaint; that to the best of that person's knowledge, information and belief the complaint is true and correct; and that the complaint is not being used for any improper purpose, such as to harass the party against whom the complaint is filed. Each complaint shall contain all of the following information:
A concise statement of the facts, including pertinent dates, constituting the alleged act of employment discrimination, unfair honesty testing or unfair genetic testing.
(4) Assistance by the department.
The department shall, upon request, provide appropriate assistance in completing and filing complaints.
(5) Date of filing of complaint deferred by another agency.
A complaint which is deferred to the department by a federal or local employment opportunity agency with which the department has a worksharing agreement complies with the requirements of sub. (3)
and is considered filed when received by the federal or local agency.
(6) Amendment of complaint.
A complaint may be amended, subject to the approval of the department, except that a complaint may not be amended less than 45 days before hearing unless good cause is shown for the failure to amend the complaint prior to that time. If the complaint is amended prior to the issuance of an initial determination, the department shall investigate the allegations of the amended complaint. If the complaint is amended after the case has been certified to hearing, the chief of the hearing section or the administrative law judge may remand the complaint to the investigation section to conduct an investigation and issue an initial determination as to whether probable cause exists to believe that the respondent has violated the act as alleged in the amended complaint. An amended complaint shall be dismissed if it does not meet the requirements of s. DWD 218.05 (1)
(7) Withdrawal of complaint.
A complaint may be withdrawn at any time. A request for withdrawal shall be in writing and shall be signed by the complainant or by the complainant's duly authorized representative. Upon the filing of a request for withdrawal, the department shall dismiss the complaint by written order. Such dismissal shall be with prejudice unless otherwise expressly stated in the order.