2. If the defendant employs more than 100 but fewer than 201 employees, no
more than $100,000.
3. If the defendant employs more than 200 but fewer than 501 employees, no
more than $200,000.
4. If the defendant employs more than 500 employees, no more than $300,000.
The bill requires DWD to annually revise these amounts based upon the change
in the consumer price index in the previous year, if any positive change has occurred.
Under current fair employment law, an individual who alleges discrimination
in employment or unfair honesty or genetic testing may file a complaint with 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.
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:
AB396,1 1Section 1 . 111.39 (4) (d) of the statutes is amended to read:
AB396,2,152 111.39 (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. The department shall also
5serve a certified copy of the findings and order on the complainant, together with a
6notice advising the complainant about the right to seek, and the time for seeking,
7review by the commission under sub. (5); about the right to bring, and the time for
8bringing, an action for judicial review under s. 111.395; and about the right to bring,
9and the time for bringing, an action under s. 111.397 (1) (a).
Any person aggrieved
10by noncompliance with the order may have the order enforced specifically by suit in
11equity. If the examiner finds that the respondent has not engaged in discrimination,
12unfair honesty testing, or unfair genetic testing as alleged in the complaint, the
13department shall serve a certified copy of the examiner's findings served on the
14complainant, together with shall be accompanied by an order dismissing the
15complaint.
AB396,2
1Section 2. 111.39 (5) (b) of the statutes is amended to read:
AB396,3,122 111.39 (5) (b) If no petition is filed the respondent or complainant does not file
3a petition under par. (a)
within 21 days from the date that a copy of the findings and
4order of the examiner is mailed to the last-known address of the respondent served
5on that party,
the findings and order shall be considered final for purposes of
6enforcement under sub. (4) (d). If a timely petition is filed, the commission, on review,
7may either affirm, reverse, or modify the findings or order in whole or in part, or set
8aside the findings and order and remand to the department for further proceedings.
9Such actions shall be based on a review of the evidence submitted. If the commission
10is satisfied that a respondent or complainant has been prejudiced because of
11exceptional delay in the receipt of a copy of any findings and order , it the commission
12may extend the time another 21 days for filing the petition with the department.
AB396,3 13Section 3 . 111.39 (5) (d) of the statutes is created to read:
AB396,3,1914 111.39 (5) (d) The commission shall serve a certified copy of the commission's
15decision on the respondent. The commission shall also serve a certified copy of the
16commission's decision on the complainant, together with a notice advising the
17complainant about the right to bring, and the time for bringing, an action for judicial
18review under s. 111.395 and about the right to bring, and the time for bringing, an
19action under s. 111.397 (1) (a).
AB396,4 20Section 4 . 111.397 of the statutes is created to read:
AB396,4,7 21111.397 Civil action. (1) (a) Except as provided in this paragraph, the
22department or an individual alleged or found to have been discriminated against or
23subjected to unfair honesty testing or unfair genetic testing may bring an action in
24circuit court requesting the relief described in sub. (2) (a) against an employer, labor
25organization, or employment agency that is alleged or found to have engaged in that

1discrimination, unfair honesty testing, or unfair genetic testing. The department or
2an individual alleged or found to have been discriminated against or subjected to
3unfair honesty testing or unfair genetic testing may not bring an action under this
4paragraph against a local governmental unit, as defined in s. 19.42 (7u), or against
5an employer, labor organization, or employment agency that employs fewer than 15
6individuals for each working day in each of 20 or more calendar weeks in the current
7or preceding year.
AB396,4,118 (b) 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 circuit court shall consolidate the proceeding for judicial review and the
11action under par. (a).
AB396,4,1512 (c) An individual alleged or found to have been discriminated against or
13subjected to unfair honesty testing or unfair genetic testing is not required to file a
14complaint under s. 111.39 or seek review under s. 111.395 in order for the department
15or the individual to bring an action under par. (a).
AB396,5,6 16(2) (a) Subject to pars. (b) and (c), in an action under sub. (1) (a), if the circuit
17court finds that discrimination, unfair honesty testing, or unfair genetic testing has
18occurred, or if such a finding has been made by an examiner or the commission and
19not been further appealed, the circuit court may order any relief that an examiner
20would be empowered to order under s. 111.39 (4) (c) after a hearing on a complaint
21filed under s. 111.39. In addition, the circuit court shall order the defendant to pay
22to the individual discriminated against or subjected to unfair honesty testing or
23unfair genetic testing any other compensatory damages, and punitive damages
24under s. 895.043 that the circuit court or jury finds appropriate, plus reasonable costs
25and attorney fees incurred in the action. If any relief was ordered under s. 111.39 or

1111.395, the circuit court shall specify whether the relief ordered under this
2paragraph is in addition to or replaces the relief ordered under s. 111.39 or 111.395.
3The sum of the amount of compensatory damages for future economic losses and for
4pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and
5other noneconomic losses and the amount of punitive damages that a circuit court
6may order may not exceed the following:
AB396,5,97 1. In the case of a defendant that employs 100 or fewer employees for each
8working day in each of 20 or more calendar weeks in the current or preceding year,
9$50,000.
AB396,5,1210 2. In the case of a defendant that employs more than 100 but fewer than 201
11employees for each working day in each of 20 or more calendar weeks in the current
12or preceding year, $100,000.
AB396,5,1513 3. In the case of a defendant that employs more than 200 but fewer than 501
14employees for each working day in each of 20 or more calendar weeks in the current
15or preceding year, $200,000.
AB396,5,1816 4. In the case of a defendant that employs more than 500 employees for each
17working day in each of 20 or more calendar weeks in the current or preceding year,
18$300,000.
AB396,5,2119 (b) If the circuit court orders a payment under par. (a) because of a violation of
20s. 111.321, 111.37, or 111.372 by an individual employed by an employer, the
21employer of that individual is liable for the payment.
AB396,5,2422 (c) 1. In this paragraph, “consumer price index" means the average of the
23consumer price index for all urban consumers, U.S. city average, as determined by
24the bureau of labor statistics of the federal department of labor.
AB396,6,13
12. Except as provided in this subdivision, beginning on July 1, 2021, and on
2each July 1 after that, the department shall adjust the amounts specified in par. (a)
31., 2., 3., and 4. by calculating the percentage difference between the consumer price
4index for the 12-month period ending on December 31 of the preceding year and the
5consumer price index for the 12-month period ending on December 31 of the year
6before the preceding year and adjusting those amounts by that percentage
7difference. The department shall publish the adjusted amounts calculated under
8this subdivision in the Wisconsin Administrative Register, and the adjusted amounts
9shall apply to actions commenced under sub. (1) (a) beginning on July 1 of the year
10of publication. This subdivision does not apply if the consumer price index for the
1112-month period ending on December 31 of the preceding year did not increase over
12the consumer price index for the 12-month period ending on December 31 of the year
13before the preceding year.
AB396,5 14Section 5. 814.04 (intro.) of the statutes is amended to read:
AB396,6,19 15814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m)
16(b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 111.397 (2) (a), 115.80 (9), 767.553 (4) (d),
17769.313, 802.05, 814.245, 895.035 (4), 895.044, 895.443 (3), 895.444 (2), 895.445 (3),
18895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3),
19when allowed costs shall be as follows:
AB396,6 20Section 6 . Initial applicability.
AB396,6,2321 (1) Employment discrimination damages. This act first applies to acts of
22employment discrimination, unfair honesty testing, or unfair genetic testing
23committed on the effective date of this subsection.
AB396,6,2424 (End)
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