106.04(6)(g)1.1. The department shall commence proceedings with respect to a complaint before the end of the 30th day after receipt of the complaint.
106.04(6)(g)2.
2. The department shall investigate the allegations of the complaint and complete the investigation not later than 100 days after receipt of the complaint. If the department is unable to complete the investigation within 100 days, it shall notify the complainant and respondent in writing of the reasons for not doing so.
106.04(6)(g)3.
3. The department shall make final administrative disposition of a complaint within one year after the date of receipt of a complaint, unless it is impracticable to do so. If the department is unable to do so, it shall notify the complainant and respondent in writing of the reasons for not doing so.
106.04(6)(h)1.1. If the hearing examiner finds that a respondent has engaged in or is about to engage in a discriminatory act prohibited under
sub. (2),
(2m) or
(2r), the hearing examiner shall promptly issue an order for such relief as may be appropriate, which may include economic and noneconomic damages suffered by the aggrieved person, regardless of whether he or she intervened in the action, and injunctive or other equitable relief. The hearing examiner may not order punitive damages.
106.04(6)(h)2.
2. In addition to any damages ordered under
subd. 1., the hearing examiner may assess a forfeiture against a respondent who is not a natural person in an amount not exceeding $10,000, unless the respondent who is not a natural person has been adjudged to have committed any prior discriminatory act under
sub. (2),
(2m) or
(2r). If a respondent who is not a natural person has been adjudged to have committed one other discriminatory act under
sub. (2),
(2m) or
(2r) during the preceding 5-year period, based on the offense date of the prior discriminatory act, the hearing examiner may assess a forfeiture in an amount not exceeding $25,000. If a respondent who is not a natural person has been adjudged to have committed 2 or more prior discriminatory acts under
sub. (2),
(2m) or
(2r) during the preceding 7-year period, based on the offense date of the prior discriminatory act, the hearing examiner may assess a forfeiture in an amount not exceeding $50,000.
106.04(6)(h)3.
3. In addition to any damages ordered under
subd. 1., the administrative law judge may assess a forfeiture against a respondent who is a natural person in an amount not exceeding $10,000, unless the respondent who is a natural person has been adjudged to have committed any prior discriminatory act under
sub. (2),
(2m) or
(2r). If a respondent who is a natural person has been adjudged to have committed one other prior discriminatory act under
sub. (2),
(2m) or
(2r) based on an offense date that is before September 1, 1992, the administrative law judge may assess a forfeiture in an amount not exceeding $25,000. If a respondent who is a natural person has been adjudged to have committed 2 or more prior discriminatory acts under
sub. (2),
(2m) or
(2r) based on an offense date that is before September 1, 1992, the administrative law judge may assess a forfeiture in an amount not exceeding $50,000.
106.04(6)(i)
(i)
Attorney fees and costs. The hearing examiner may allow a prevailing complainant, including the state, reasonable attorney fees and costs. The state shall be liable for those fees and costs if the state is a respondent and is determined to have committed a discriminatory act under
sub. (2),
(2m) or
(2r).
106.04(6)(j)
(j)
Judicial review. Within 30 days after service upon all parties of an order or determination of the department under this subsection, the respondent, the complainant or the aggrieved party may appeal the order or the determination to the circuit court for the county in which the alleged discrimination took place by the filing of a petition for review. The court shall review the order or determination as provided in
ss. 227.52 to
227.58.
106.04(6m)(a)(a) Any person, including the state, alleging a violation of
sub. (2),
(2m) or
(2r) may bring a civil action for injunctive relief, for damages, including punitive damages, and, in the case of a prevailing plaintiff, for court costs and reasonable attorney fees.
106.04(6m)(b)
(b) An action commenced under
par. (a) may be brought in the circuit court for the county where the alleged violation occurred or for the county where the person against whom the civil complaint is filed resides or has a principal place of business, and shall be commenced within one year after the alleged violation occurred or terminated. The one-year statute of limitations under this paragraph shall be tolled while an administrative proceeding with respect to the same complaint is pending.
106.04(6m)(c)
(c) The court may issue a permanent or temporary injunction or restraining order to assure the rights granted by this section. The court may order other relief that the court considers appropriate, including monetary damages, actual and punitive, a forfeiture as provided in
sub. (6) (h) and costs and fees as provided in
sub. (6) (i).
106.04(6m)(d)
(d) If the attorney general has reasonable cause to believe that any person is engaged in a pattern or practice of discrimination in violation of
sub. (2),
(2m) or
(2r) or that any person has been denied any of the rights granted under
sub. (2),
(2m) or
(2r), and such denial raises an issue of general public importance, the department of justice may commence a civil action.
106.04(8)
(8) Discrimination by licensed or chartered persons. 106.04(8)(a)(a) If the department finds reasonable cause to believe that an act of discrimination has been or is being committed in violation of this section by a person taking an action prohibited under
sub. (2),
(2m) or
(2r), or probable cause to believe that an act has been or is being committed in violation of
sub. (9), and the person is licensed or chartered under state law, the department shall notify the licensing or chartering agency of its findings, and may file a complaint with such agency together with a request that the agency initiate proceedings to suspend or revoke the license or charter of such person or take other less restrictive disciplinary action.
106.04(8)(b)
(b) Upon filing a complaint under
par. (a), the department shall make available to the appropriate licensing or chartering agency all pertinent documents and files in its custody, and shall cooperate fully with such agency in the agency's proceedings.
106.04(9)
(9) Public place of accommodation or amusement. 106.04(9)(a)1.
1. Deny to another or charge another a higher price than the regular rate for the full and equal enjoyment of any public place of accommodation or amusement because of sex, race, color, creed, disability, sexual orientation, national origin or ancestry.
106.04(9)(a)1m.
1m. Deny to an adult or charge an adult a higher price than the regular rate for the full and equal enjoyment of a lodging establishment because of age, subject to
s. 125.07.
106.04(9)(a)2.
2. Give preferential treatment to some classes of persons in providing services or facilities in any public place of accommodation or amusement because of sex, race, color, creed, sexual orientation, national origin or ancestry.
106.04(9)(a)3.
3. Directly or indirectly publish, circulate, display or mail any written communication which the communicator knows is to the effect that any of the facilities of any public place of accommodation or amusement will be denied to any person by reason of sex, race, color, creed, disability, sexual orientation, national origin or ancestry or that the patronage of a person is unwelcome, objectionable or unacceptable for any of those reasons.
106.04(9)(a)3m.
3m. Directly or indirectly publish, circulate, display or mail any written communication which the communicator knows is to the effect that any of the facilities of a lodging establishment will be denied to an adult because of age, subject to
s. 125.07.
106.04(9)(a)4.
4. Refuse to furnish or charge another a higher rate for any automobile insurance because of race, color, creed, disability, national origin or ancestry.
106.04(9)(a)5.
5. Refuse to rent, charge a higher price than the regular rate or give preferential treatment, because of sex, race, color, creed, sexual orientation, national origin or ancestry, regarding the use of any private facilities commonly rented to the public.
106.04(9)(b)
(b) Nothing in this subsection prohibits separate dormitories at higher educational institutions or separate public toilets, showers, saunas and dressing rooms for persons of different sexes.
106.04(9)(c)
(c) Nothing in this subsection prohibits separate treatment of persons based on sex with regard to public toilets, showers, saunas and dressing rooms for persons of different sexes.
106.04(9)(d)
(d) Nothing in this subsection prohibits a domestic abuse services organization, as defined in
s. 895.67 (1) (b), from providing separate shelter facilities, private home shelter care, advocacy, counseling or other care, treatment or services for persons of different sexes or from providing for separate treatment of persons based on sex with regard to the provision of shelter facilities, private home shelter care, advocacy, counseling or other care, treatment or services for persons of different sexes.
106.04(10)
(10) Investigation and review of claims, public places. 106.04(10)(a)1.1. The department may receive and investigate a complaint charging a violation of
sub. (9) if the complaint is filed with the department no more than 300 days after the alleged act prohibited under
sub. (9) occurred. A complaint shall be a written statement of the essential facts constituting the act prohibited under
sub. (9) charged, and shall be verified.
106.04(10)(a)2.
2. In carrying out this subsection, the department and its duly authorized agents may hold hearings, subpoena witnesses, take testimony and make investigations as provided in this chapter. The department, upon its own motion, may test and investigate for the purpose of establishing violations of
sub. (9), and may make, sign and file complaints alleging violations of
sub. (9), and initiate investigations and studies to carry out the purposes of
sub. (9) and this subsection.
106.04(10)(a)3.
3. The department shall employ such examiners as are necessary to hear and decide complaints of acts prohibited under
sub. (9) and to assist in the effective administration of this subsection. The examiners may make findings and orders under this subsection.
106.04(10)(a)4.
4. If the department finds probable cause to believe that any act prohibited under
sub. (9) has been or is being committed, it may endeavor to eliminate the discrimination or other act by conference, conciliation and persuasion. If the department determines that such conference, conciliation and persuasion has not eliminated the alleged act prohibited under
sub. (9), the department shall issue and serve a written notice of hearing, specifying the nature and acts prohibited under
sub. (9) which appear to have been committed, and requiring the person named, in this subsection called the "respondent", to answer the complaint at a hearing before an examiner. The notice shall specify a time of hearing, not less than 10 days after service of the complaint, and a place of hearing within the county in which the violation of
sub. (9) is alleged to have occurred. A party's attorney of record may issue a subpoena to compel the attendance of a witness or the production of evidence. A subpoena issued by an attorney must be in substantially the same form as provided in
s. 805.07 (4) and must be served in the manner provided in
s. 805.07 (5). The attorney shall, at the time of issuance, send a copy of the subpoena to the appeal tribunal or other representative of the department responsible for conducting the proceeding. The testimony at the hearing shall be recorded by the department. In all hearings before an examiner, except those for determining probable cause, the burden of proof is on the party alleging an act prohibited under
sub. (9). If, after the hearing, the examiner finds by a fair preponderance of the evidence that the respondent has violated
sub. (9), the examiner shall make written findings and order such action by the respondent as will effectuate the purpose of
sub. (9) and this subsection. The department shall serve a certified copy of the examiner's findings and order on the respondent and complainant, the order to have the same force as other orders of the department and be enforced as provided in this subsection except that the enforcement of the order is automatically stayed upon the filing of a petition for review with the commission. If the examiner finds that the respondent has not engaged in an act prohibited under
sub. (9) as alleged in the complaint, the department shall serve a certified copy of the examiner's findings on the complainant and the respondent together with an order dismissing the complaint. If the complaint is dismissed, costs in an amount not to exceed $100 plus actual disbursements for the attendance of witnesses may be assessed against the department in the discretion of the department.
106.04(10)(a)5.
5. At any time after a complaint is filed, the department may file a petition in the circuit court for the county in which the act prohibited under
sub. (9) allegedly occurred, or for the county in which a respondent resides or transacts business, seeking appropriate temporary relief against the respondent, pending final determination of proceedings under this subsection, including an order or decree restraining the respondent from performing an act tending to render ineffectual an order the department may enter with respect to the complaint. The court may grant such temporary relief or restraining order as it deems just and proper.
106.04(10)(b)1.1. A respondent or complainant who is dissatisfied with the findings and order of the examiner under
par. (a) may file a written petition with the department for review by the commission of the findings and order.
106.04(10)(b)2.
2. The commission shall either reverse, modify, set aside or affirm the findings and order in whole or in part, or direct the taking of additional evidence. Such action shall be based on a review of the evidence submitted. If the commission is satisfied that a respondent or complainant has been prejudiced because of exceptional delay in the receipt of a copy of any findings and order it may extend the time another 21 days for filing the petition with the department.
106.04(10)(b)3.
3. On motion, the commission may set aside, modify or change any decision made by the commission, at any time within 28 days from the date thereof if it discovers any mistake therein, or upon the grounds of newly discovered evidence. The commission may on its own motion, for reasons it deems sufficient, set aside any final decision of the commission within one year from the date thereof upon grounds of mistake or newly discovered evidence, and remand the case to the department for further proceedings.
106.04(10)(b)4.
4. If no petition is filed within 21 days from the date that a copy of the findings and order of the examiner are mailed to the last-known address of the respondent and complainant, the findings and order shall be considered final.
106.04(10)(c)
(c)
Judicial review. Within 30 days after service upon all parties of an order of the commission under
par. (b), the respondent or complainant may appeal the order to the circuit court for the county in which the alleged act prohibited under
sub. (9) took place by the filing of a petition for review. The respondent or complainant shall receive a new trial on all issues relating to any alleged act prohibited under
sub. (9) and a further right to a trial by jury, if so desired. The department of justice shall represent the commission. In any such trial the burden shall be to prove an act prohibited under
sub. (9) by a fair preponderance of the evidence. Costs in an amount not to exceed $100 plus actual disbursements for the attendance of witnesses may be taxed to the prevailing party on the appeal.
106.04(10)(d)1.1. A person who wilfully violates
sub. (9) or any lawful order issued under this subsection shall, for the first violation, forfeit not less than $100 nor more than $1,000.
106.04(10)(d)2.
2. A person adjudged to have violated
sub. (9) within 5 years after having been adjudged to have violated
sub. (9), for every violation committed within the 5 years, shall forfeit not less than $1,000 nor more than $10,000.
106.04(10)(d)3.
3. Payment of a forfeiture under this paragraph shall be stayed during the period in which an appeal may be taken and during the pendency of an appeal under
par. (c).
106.04(10)(e)1.1. A person, including the state, alleging a violation of
sub. (9) may bring a civil action for appropriate injunctive relief, for damages including punitive damages, and, in the case of a prevailing plaintiff, for court costs and reasonable attorney fees. The attorney general shall represent the department in an action to which the department is a party.
106.04(10)(e)2.
2. An action commenced under this paragraph may be brought in the circuit court for the county where the alleged violation occurred, or for the county where the person against whom the civil complaint is filed resides or has a principal place of business, and shall be commenced within one year after the alleged violation occurred.
106.04(10)(e)3.
3. The remedies provided for in this paragraph shall be in addition to any other remedies contained in this subsection.
106.04 History
History: 1971 c. 185 s.
1;
1971 c. 228 s.
42;
1971 c. 230;
1971 c. 307 s.
51; Stats. 1971 s. 101.22;
1975 c. 94,
275,
421,
422;
1977 c. 29;
1977 c. 418 s.
929 (55);
1979 c. 110;
1979 c. 177 s.
85;
1979 c. 188,
221,
355;
1981 c. 112,
180;
1981 c. 391 s.
210;
1983 a. 27,
189;
1985 a. 238,
319;
1987 a. 262;
1989 a. 47 ss.
2 to
5,
8 to
11;
1989 a. 94,
106,
139,
359;
1991 a. 295,
315;
1993 a. 27;
1995 a. 27 s.
3687; Stats. 1995 s. 106.04;
1995 a. 225;
1995 a. 448 ss.
66,
68;
1997 a. 112,
237,
312.
106.04 Note
NOTE: 1991 Wis. Act 295, which affected this section, contains extensive legislative council notes.
106.04 Annotation
"Harassment" under (2) (f) includes sexual harassment as defined in 111.32 (13). Compensable damages discussed. Chomicki v. Wittekind, 128 W (2d) 188, 381 NW (2d) 561 (Ct. App. 1985).
106.04 Annotation
Newspaper's classified advertising section not subject to public accommodations act. Hatheway v. Gannett Satellite Network, 157 W (2d) 395, 459 NW (2d) 873 (Ct. App. 1990).
106.04 Annotation
Violation of sub. (2) (d) requires that an ordinary reader find that an advertisement suggests a particular class is preferred or dispreferred. Milwaukee Fair Housing Council v. LIRC, 173 W (2d) 199, 496 NW (2d) 159 (Ct. App. 1992).
106.04 Annotation
Sub. (9) (a) 2. prohibits price differentials or discounts based on the categories specified in the statute. Offering free drinks to women and not men is prohibited regardless of whether other promotions offered preferential treatment to men. Novak v. Madison Motel Associates, 188 W (2d) 407, 525 NW (2d) 123 (Ct. App. 1994).
106.04 Annotation
Under (3) the department is precluded from actively publicizing complaints only at those stages before the department finds that conference, conciliation and persuasion have not eliminated the alleged discrimination. 60 Atty. Gen. 43.
106.04 Annotation
Wisconsin open housing law permits, but does not require, department to receive and process class action complaints of housing discrimination. 70 Atty. Gen. 250.
106.04 Annotation
Insurer of apartment had duty to defend owner and manager for liability under this section. Gardner v. Romano, 688 F Supp. 489 (E. D. Wis. 1988).
106.04 Annotation
Federal rent vouchers are not clearly within the meaning of "lawful source of income". Knapp v. Eagle Property Management Corp. 54 F (3d) 1272 (1995).
106.04 Annotation
Closing the Door on Cohabitants Under Wisconsin's Open Housing Law. Neuman. 1995 WLR 965.
106.06
106.06
Division of equal rights. 106.06(2)
(2) The division shall encourage and assist local units of government in guaranteeing all persons an equal opportunity for housing.
106.06(3)
(3) All gifts, grants, bequests and devises to the division for its use are valid and shall be used to carry out the purposes for which made and received.
106.06(4)
(4) The division shall review complaints of discrimination against public employes exercising their rights with respect to occupational safety and health matters, under
s. 101.055 (8).
106.06(5)
(5) The division shall receive complaints of discharge, retaliation or discrimination under
s. 16.009 (5) (d),
46.90 (4) (b) or
50.07 (3) (b) and shall process the complaints in the same manner that employment discrimination complaints are processed under
s. 111.39.
106.06 History
History: 1971 c. 185 ss.
1,
7; Stats. 1971 s. 101.222;
1977 c. 29;
1981 c. 360;
1983 a. 398;
1989 a. 47;
1995 a. 27 s.
3689; Stats. 1995 s. 106.06;
1997 a. 27,
131.
106.07
106.07
Postsecondary education: prohibition against discrimination on basis of physical condition or developmental disability. 106.07(1)(1) Subject to
sub. (3), no school, university or other institution offering courses or programs in postsecondary education or vocational training which is supported wholly or in part by public funds may refuse to admit any person to any school, institution, course or program or any curricular or extracurricular activity, or may otherwise discriminate against any person, solely on the basis of physical condition or developmental disability as defined in
s. 51.01 (5).
106.07(2)
(2) If admission to any such school, university, institution, program or course requires that a prospective enrollee take a standardized aptitude examination and the prospective enrollee is unable to take such an examination under standard conditions because of physical condition or developmental disability as defined in
s. 51.01 (5), the school, university or institution shall make a good-faith effort to modify the examination conditions in a manner which will permit the prospective enrollee to demonstrate aptitude. The failure of any school, university or institution to make such a good-faith effort is discrimination within the meaning of this section.
106.07(3)
(3) The prohibition against discrimination under
sub. (1) does not apply to:
106.07(3)(a)
(a) Courses, programs or activities involving the handling or operation of hazardous substances, machines or appliances if there is no feasible way in which the physical safety of the disabled student or of other persons can be adequately protected; or
106.07(3)(b)
(b) The admission of a person who does not meet the minimum physical standards which are reasonably necessary for a particular course, program or activity. The school, university or other institution has the burden of proving that such minimum physical standards are reasonably necessary.
106.07(4)(a)(a) The department shall receive and investigate complaints charging discrimination or discriminatory practices in particular cases, and publicize its findings with respect thereto. The department has all powers provided under
s. 111.39 with respect to the disposition of such complaints. The findings and orders of examiners may be reviewed as provided under
s. 106.04 (10) (b).
106.07(4)(b)
(b) Findings and orders of the commission under this section are subject to review under
ch. 227. Upon such review, the department of justice shall represent the commission.
106.08
106.08
Discrimination in education prohibited. No child may be excluded from or discriminated against in admission to any public school or in obtaining the advantages, privileges and courses of study of such public school on account of sex, race, religion or national origin.
106.08 History
History: 1975 c. 94;
1995 a. 27 s.
3691; Stats. 1995 s. 106.08.
106.09
106.09
Public employment offices. 106.09(1)
(1) The department shall establish and conduct free employment agencies, license and supervise the work of private employment offices, do all in its power to bring together employers seeking employes and working people seeking employment, make known the opportunities for self-employment in this state, aid in procuring employment for the blind adults of the state, aid in inducing minors to undertake promising skilled employments, provide industrial or agricultural training for vagrants and other persons unsuited for ordinary employments, and encourage wage earners to insure themselves against distress from unemployment. It shall investigate the extent and causes of unemployment in this state and the remedies therefor in this and other countries, and it shall devise and adopt the most efficient means within its power to avoid unemployment, to provide employment, and to prevent distress from involuntary idleness.
106.09(2)
(2) Any county, city, town or village may enter into an agreement with the department for such period of time as may be deemed desirable for the purpose of establishing and maintaining local free employment offices, and it shall be lawful for any county, city, town or village to appropriate and expend the necessary money and to permit the use of public property for the joint establishment and maintenance of such offices as may be agreed upon, or in counties containing 250,000 inhabitants or more in any city, town or village therein to purchase a site and construct necessary buildings. Provided, that in any county, city, village or town therein, wherein there is a citizens' committee on unemployment, such committee may rent, lease, purchase or construct necessary buildings for the joint establishment and maintenance of such free employment office, subject to the approval of such plans by the department. The department may establish such free employment offices as it deems necessary to carry out the purposes of
ch. 108. All expenses of such offices, or all expenses not defrayed by the county, city, town or village in which an office is located, shall be paid from the appropriations to the department provided in
s. 20.445 (1) (ga) and
(n).
106.09(3)
(3) The department may rent, furnish and equip, except as provided in
sub. (2), such offices as may be needed in cities for the conduct of its affairs. All payments arising under this section shall be charged against the proper appropriation for the department.
106.09(4)
(4) The legislature hereby accepts the provisions of an act of congress, approved June 6, 1933, entitled "An act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes."
106.09(5)
(5) The department is authorized and directed to cooperate with the U.S. employment service in the administration of said act and in carrying out all agreements made thereunder.
106.09(6)
(6) All moneys made available to this state under said act shall, upon receipt thereof, be paid into the federal administrative financing account under
s. 20.445 (1) (n).
106.09(7)
(7) The department may, by rule, fix and collect fees for provision of employment services authorized but not funded by the U.S. employment service.
106.10
106.10
Veterans job training. The department shall cooperate with the U.S. department of veterans affairs in the performance of functions prescribed in
P.L. 79-679, 60 Stat. 934 and any acts amendatory thereof or supplementary thereto. The secretary may with the approval of the governor take all necessary steps in the making of leases or other contracts with the federal government in the adoption and execution of plans, methods and agreements to effectuate
P.L. 79-679.
