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.
106.10 History
History: 1971 c. 185 s.
1;
1971 c. 228; Stats. 1971 s. 101.25;
1977 c. 29,
272;
1989 a. 56;
1995 a. 27 s.
3693; Stats. 1995 s. 106.10.
106.11
106.11
Employment and training programs. 106.11(1)
(1) The department shall cooperate with the federal government in carrying out the purposes of the federal job training partnership act,
29 USC 1501 to
1781. In administering the programs authorized by that act the department shall, in cooperation with other state agencies and with private industry councils, establish a statewide coordinated employment and training delivery system to meet the employment, training and educational needs of persons in this state.
106.11(2)(a)1.
1. "Economically disadvantaged individual" means an individual to whom at least one of the following applies:
106.11(2)(a)1.a.
a. The individual receives, or is a member of a family which receives, cash welfare payments under a federal, state or local welfare program.
106.11(2)(a)1.b.
b. The individual has, or is a member of a family which has, received a total family income for the 6-month period prior to application for the program involved, excluding unemployment insurance, child support payments and welfare payments, which in relation to family size did not exceed the higher of the poverty level determined in accordance with criteria established by the director of the federal office of management and budget or 70% of the lower living standard income level.
106.11(2)(a)1.c.
c. The individual receives food stamps pursuant to the food stamp act of 1977.
106.11(2)(a)1.d.
d. The individual is a foster child or treatment foster child on behalf of whom state or local government payments are made.
106.11(2)(a)1.e.
e. In cases permitted by regulations of the U.S. secretary of labor, the individual is an adult individual with a disability whose own income meets the requirements of
subd. 1. a. or
b., but who is a member of a family whose income does not meet those requirements.
106.11(2)(a)2.
2. "Eligible youth participant" means an individual between the ages of 14 and 21 who is either of the following:
106.11(2)(a)2.a.
a. At least one year behind his or her high school entering class in academic credit.
106.11(2)(a)3.
3. "Individual with a disability" means an individual who has a physical or mental disability that for the individual constitutes or results in a substantial barrier to employment.
106.11(2)(b)
(b) In carrying out its responsibilities under this section, the department shall coordinate services authorized under
29 USC 1533 and provided by the department of public instruction and the technical college system board to provide programs to help eligible youth participants, at least 75% of whom shall be economically disadvantaged individuals. At least 50% of the federal moneys received under
29 USC 1602 (b) (1) shall be used for programs under this subsection.
106.11(3)(a)(a) To ensure that the governor's coordination and special services plan proposed by the governor's council on workforce excellence and each job training plan proposed by a private industry council pursuant to the federal job training partnership act,
29 USC 1501 to
1792b, coordinate with and consider programs and services provided or proposed by other bodies with a direct interest in employment, training and human resources utilization and respond to concerns of interested citizens, employment and training service providers and members of the business community, the governor's council on workforce excellence and each private industry council shall make their proposed plans available to the public and after reasonable notice hold at least one public hearing before submittal to the governor under
par. (c). The governor's council on workforce excellence or private industry council shall provide notice of the public hearing and a copy of the proposed plan or a summary of it to the appropriate standing committees under
par. (b). The public hearing shall be held sufficiently in advance of the date each council must submit its plan to the governor to permit the council to address concerns raised at its hearing. The public hearing shall be held at a reasonable time in a place accessible to the public, including persons with disabilities.
106.11(3)(b)1.1. The governor's council on workforce excellence shall submit notice of public hearing and a copy of the proposed governor's coordination and special services plan or a summary of it to the standing committees dealing with education, economic development and employment and to any other appropriate standing committee in each house of the legislature at least 120 days before the beginning of the first of 2 program years covered by the plan.
106.11(3)(b)2.
2. Each private industry council shall submit its notice of public hearing and a copy of its proposed job training plan or a summary of it to the standing committees dealing with education, economic development and employment and to any other appropriate standing committee in each house of the legislature. The private industry council shall submit notice and the plan or summary at least 120 days before the beginning of the first of 2 program years covered by the plan, pursuant to
29 USC 1515 (a) (1) (B), and according to procedures established by the department.
106.11(3)(c)
(c) After the public hearing under
par. (a), the governor's council on workforce excellence or the private industry council shall submit its proposed plan to the governor according to procedures established by the department. The governor's council on workforce excellence or the private industry council shall include all of the following with the proposed plan submitted to the governor:
106.11(3)(c)1.
1. A copy of any written testimony presented to the council.
106.11(3)(c)2.
2. A summary of any oral testimony presented to the council.
106.11(3)(c)3.
3. A discussion of testimony presented in opposition to the council's proposed plan, including whether the council has addressed or will address the opposing parties' concerns and a justification of any decision by the council not to address those concerns.
106.11 History
History: 1985 a. 29 ss.
43,
45 to
48,
50,
51,
1651 to
1653,
3202 (22);
1993 a. 399,
446;
1995 a. 27 ss.
3694 to
3697,
9145 (1); Stats. 1995 s. 106.11;
1997 a. 27,
39,
112.
106.115
106.115
Governor's council on workforce excellence. 106.115(1)(1) The governor's council on workforce excellence shall oversee the planning, coordination, administration and implementation of the employment and education programs provided under all of the following:
