SB143,1,4 1An Act to amend 111.39 (4) (d) and 814.04 (intro.); and to create 111.39 (5) (d),
2111.397 and 893.995 of the statutes; relating to: authorizing the circuit court
3to order a person who engages in discrimination in employment, unfair honesty
4testing, or unfair genetic testing to pay compensatory and punitive damages.
Analysis by the Legislative Reference Bureau
Under the current fair employment law, a person alleging discrimination in
employment or unfair honesty or genetic testing may file a complaint with the
Department of Workforce Development (DWD) seeking action that will effectuate
the purpose of the fair employment law, including reinstating the employee,
providing back pay, and paying costs and attorney fees. The fair employment law,
however, does not authorize DWD to award compensatory or punitive damages to a
complainant.
This bill permits DWD or a person who has been discriminated against or
subjected to unfair honesty or genetic testing to bring an action in circuit court to
recover compensatory and punitive damages caused by the act of discrimination or
unfair honesty or genetic testing after the completion of all administrative
proceedings before DWD and the Labor and Industry Review Commission
concerning the violation. Those damages are in addition to any back pay or other
amounts awarded in the administrative proceeding. The bill, however, does not
permit an action for damages to be brought against any local governmental unit or
against any employer employing fewer than 15 individuals.

Under the bill, if the circuit court finds that a defendant has committed an act
of discrimination or unfair honesty or genetic testing, the circuit court must order the
defendant to pay to the person discriminated against compensatory and punitive
damages in an amount that the circuit court finds appropriate, subject to the
following limitations:
1. If the defendant employs 100 or fewer employees, $50,000.
2. If the defendant employs more than 100 but fewer than 201 employees,
$100,000.
3. If the defendant employs more than 200 but fewer than 501 employees,
$200,000.
4. If the defendant employs more than 500 employees, $300,000.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB143,1 1Section 1. 111.39 (4) (d) of the statutes is amended to read:
SB143,3,22 111.39 (4) (d) The department shall serve a certified copy of the findings and
3order on the respondent, the order to have the same force as other orders of the
4department and be enforced as provided in s. 103.005. Any person aggrieved by
5noncompliance with the order may have the order enforced specifically by suit in
6equity. If the examiner finds that the respondent has not engaged in discrimination,
7unfair honesty testing, or unfair genetic testing as alleged in the complaint, the
8department shall serve a certified copy of the examiner's findings on the
9complainant, together with an order dismissing the complaint. If the examiner finds
10that the respondent has engaged in discrimination, unfair honesty testing, or unfair
11genetic testing as alleged in the complaint, the department shall serve a certified
12copy of the examiner's findings on the complainant, together with a notice advising
13the complainant that after the completion of all administrative proceedings under
14this section he or she may bring an action as provided in s. 111.397 (1) (a) to recover
15compensatory and punitive damages as provided in s. 111.397 (2) (a) and advising the

1complainant of the time under s. 111.397 (1) (b) within which the action must be
2commenced or be barred.
SB143,2 3Section 2. 111.39 (5) (d) of the statutes is created to read:
SB143,3,124 111.39 (5) (d) If the commission affirms a finding that the respondent has
5engaged in discrimination, unfair honesty testing, or unfair genetic testing as
6alleged in the complaint, the commission shall serve a certified copy of the
7commission's decision on the complainant, together with a notice advising the
8complainant that after the completion of all administrative proceedings under this
9section he or she may bring an action as provided in s. 111.397 (1) (a) to recover
10compensatory and punitive damages as provided in s. 111.397 (2) (a) and advising the
11complainant of the time under s. 111.397 (1) (b) within which the action must be
12commenced or be barred.
SB143,3 13Section 3. 111.397 of the statutes is created to read:
SB143,4,2 14111.397 Civil action. (1) (a) Except as provided in this paragraph, after the
15completion of all administrative proceedings under s. 111.39 concerning a violation
16of s. 111.321, 111.37, or 111.372, the department or a person discriminated against
17or subjected to unfair honesty testing or unfair genetic testing may bring an action
18in circuit court against any employer, labor organization, or employment agency that
19engaged in that discrimination, unfair honesty testing, or unfair genetic testing to
20recover compensatory and punitive damages caused by the violation, plus
21reasonable costs and attorney fees incurred in the action. Those damages are in
22addition to any back pay or other amounts awarded under s. 111.39. The department
23or a person discriminated against or subjected to unfair honesty testing or unfair
24genetic testing may not bring an action under this paragraph against any local
25governmental unit, as defined in s. 19.42 (7u), or against any employer, labor

1organization, or employment agency employing fewer than 15 individuals for each
2working day in each of 20 or more calendar weeks in the current or preceding year.
SB143,4,73 (b) An action under par. (a) shall be commenced within 60 days after the date
4on which a copy of the final decision under s. 111.39 (4) (d) is mailed to the last-known
5address of the complainant or, if that decision is reviewed by the commission, within
660 days after the date on which a copy of the final decision under s. 111.39 (5) (d) is
7mailed to the last-known address of the complainant, or be barred.
SB143,4,118 (c) If a petition for judicial review of the findings and order of the commission
9concerning the same violation as the violation giving rise to the action under par. (a)
10is filed, the court shall consolidate the proceeding for judicial review and the action
11under par. (a).
SB143,4,21 12(2) (a) Subject to pars. (b) and (c), in an action under sub. (1) (a), the circuit court
13shall order the defendant to pay to the person discriminated against or subjected to
14unfair honesty testing or unfair genetic testing compensatory damages and punitive
15damages under s. 895.043, in an amount that the circuit court or jury finds
16appropriate, plus reasonable costs and attorney fees incurred in the action. Those
17damages are in addition to any back pay or other amounts awarded under s. 111.39.
18The sum of the amount of compensatory damages for future economic losses and for
19pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and
20other noneconomic losses and the amount of punitive damages that a circuit court
21may order may not exceed the following:
SB143,4,2422 1. In the case of a defendant that employs 100 or fewer employees for each
23working day in each of 20 or more calendar weeks in the current or preceding year,
24$50,000.
SB143,5,3
12. In the case of a defendant that employs more than 100 but fewer than 201
2employees for each working day in each of 20 or more calendar weeks in the current
3or preceding year, $100,000.
SB143,5,64 3. In the case of a defendant that employs more than 200 but fewer than 501
5employees for each working day in each of 20 or more calendar weeks in the current
6or preceding year, $200,000.
SB143,5,97 4. In the case of a defendant that employs more than 500 employees for each
8working day in each of 20 or more calendar weeks in the current or preceding year,
9$300,000.
SB143,5,1210 (b) If the circuit court orders any payment under par. (a) because of a violation
11of s. 111.321, 111.37, or 111.372 by an individual employed by an employer, the
12employer of that individual is liable for the payment.
SB143,5,1513 (c) 1. In this paragraph, "consumer price index" means the average of the
14consumer price index for all urban consumers, U.S. city average, as determined by
15the bureau of labor statistics of the U.S. department of labor.
SB143,6,316 2. Except as provided in this subdivision, beginning on July 1, 2014, and on
17each July 1 after that, the department shall adjust the amounts specified in par. (a)
181., 2., 3., and 4. by calculating the percentage difference between the consumer price
19index for the 12-month period ending on December 31 of the preceding year and the
20consumer price index for the 12-month period ending on December 31 of the year
21before the preceding year and adjusting those amounts by that percentage
22difference. The department shall publish the adjusted amounts calculated under
23this subdivision in the Wisconsin Administrative Register, and the adjusted amounts
24shall apply to actions commenced under sub. (1) (a) beginning on July 1 of the year
25of publication. This subdivision does not apply if the consumer price index for the

112-month period ending on December 31 of the preceding year did not increase over
2the consumer price index for the 12-month period ending on December 31 of the year
3before the preceding year.
SB143,4 4Section 4. 814.04 (intro.) of the statutes is amended to read:
SB143,6,9 5814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m)
6(b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 111.397 (2) (a), 115.80 (9), 767.553 (4) (d),
7769.313, 802.05, 814.245, 895.035 (4), 895.044, 895.443 (3), 895.444 (2), 895.445 (3),
8895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3),
9when allowed costs shall be as follows:
SB143,5 10Section 5. 893.995 of the statutes is created to read:
SB143,6,12 11893.995 Employment discrimination; civil remedies. Any civil action
12arising under s. 111.397 is subject to the limitations of s. 111.397 (1) (b).
SB143,6 13Section 6. Initial applicability.
SB143,6,1614 (1) Employment discrimination damages. This act first applies to acts of
15employment discrimination, unfair honesty testing, or unfair genetic testing
16committed on the effective date of this subsection.
SB143,6,1717 (End)
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