106.52(4)(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.
106.52(4)(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.
106.52(4)(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.
106.52(4)(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.
106.52(4)(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. (3) 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. (3) 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. (3) 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.
106.52(4)(d)1.1. A person who willfully violates
sub. (3) or any lawful order issued under this subsection shall, for the first violation, forfeit not less than $100 nor more than $1,000.
106.52(4)(d)2.
2. A person adjudged to have violated
sub. (3) within 5 years after having been adjudged to have violated
sub. (3), for every violation committed within the 5 years, shall forfeit not less than $1,000 nor more than $10,000.
106.52(4)(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).
106.52(4)(e)1.1. A person, including the state, alleging a violation of
sub. (3) 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.
106.52(4)(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.
106.52(4)(e)3.
3. The remedies provided for in this paragraph shall be in addition to any other remedies contained in this subsection.
106.52 Cross-reference
Cross Reference: See also
LIRC, Wis. adm. code.
106.52(5)
(5) Discrimination by licensed or chartered persons. 106.52(5)(a)(a) If the department finds probable cause to believe that an act has been or is being committed in violation of
sub. (3) and that the person who committed or is committing the act 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.
106.52(5)(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.
106.52 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;
1999 a. 82 ss.
75 to
92,
102 to
105; Stats. 1999 s. 106.52;
1999 a. 186;
2003 a. 23.
106.52 Note
NOTE: 1991 Wis. Act 295, which affected this section, contains extensive legislative council notes.
106.52 Cross-reference
Cross Reference: See also ch.
DWD 221, Wis. adm. code.
106.52 Annotation
A newspaper's classified advertising section was not subject to the public accommodations act. Hatheway v. Gannett Satellite Network,
157 Wis. 2d 395,
459 N.W.2d 873 (Ct. App. 1990).
106.52 Annotation
Section 106.04 (9) (a) 2. [now sub. (3) (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 offer preferential treatment to men. Novak v. Madison Motel Associates,
188 Wis. 2d 407,
525 N.W.2d 123 (Ct. App. 1994).
106.52 Annotation
In order to allege prohibited discrimination in public accommodations, an allegation that the defendant was not a private nonprofit organization was not required in the complaint. Barry v. Maple Bluff Country Club,
221 Wis. 2d 707,
586 N.W.2d 182 (Ct. App. 1998).
106.52 Annotation
There is an 8-point test for determining whether an organization is an exempt bona fide private nonprofit organization under sub. (1) (e) 2., the most important of the factors being whether membership in the organization is truly selective. Barry v. Maple Bluff County Club, Inc. 2001 WI App 108,
244 Wis. 2d 86,
629 N.W.2d 24.
106.54
106.54
Division of equal rights. 106.54(2)
(2) The division shall encourage and assist local units of government in guaranteeing all persons an equal opportunity for housing.
106.54(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.
106.54(4)
(4) The division shall review complaints of discrimination against public employees exercising their rights with respect to occupational safety and health matters, under
s. 101.055 (8).
106.54(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.
106.54(6)
(6) The division shall receive complaints under
s. 146.997 (4) (a) of disciplinary action taken in violation of
s. 146.997 (3) and shall process the complaints in the same manner that employment discrimination complaints are processed under
s. 111.39.
106.54(7)
(7) The division shall receive complaints under
s. 21.80 (7) (b) 1. or
2. and shall process the complaints in the same manner that employment discrimination complaints are processed under
s. 111.39.
106.54 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;
1999 a. 82 s.
93; Stats. 1999 s. 106.54;
1999 a. 176 s.
1;
2001 a. 26.
106.56
106.56
Postsecondary education: prohibition against discrimination on basis of physical condition or developmental disability. 106.56(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).
106.56(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.
106.56(3)
(3) The prohibition against discrimination under
sub. (1) does not apply to:
106.56(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
106.56(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.
106.56(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. 106.52 (4) (b).
106.56(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.
106.56 Cross-reference
Cross Reference: See also
LIRC, Wis. adm. code.
106.58
106.58
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.
106.58 History
History: 1975 c. 94;
1995 a. 27 s.
3691; Stats. 1995 s. 106.08;
1999 a. 82 s.
100; Stats. 1999 s. 106.58.
