SB20-SSA1,1,6 1An Act to amend 111.39 (4) (d) and 814.04 (intro.); and to create 20.445 (1) (gr),
259.25 (3) (Lm), 111.39 (5) (d), 111.397, 814.61 (15) and 893.995 of the statutes;
3relating to: authorizing the circuit court to order a person who engages in
4discrimination in employment, unfair honesty testing, or unfair genetic testing
5to pay compensatory and punitive damages and a fee and making an
6appropriation.
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 or to impose any surcharges on the respondent.
This substitute amendment 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, plus reasonable costs and

attorney fees incurred in the action, 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 substitute amendment,
however, does not permit an action for damages to be brought against the state, any
agency of the state, or any local governmental unit or against any employer
employing fewer than 15 individuals.
Under the substitute amendment, 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 limitations, as follows:
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.
Finally, the substitute amendment requires the circuit court to order the
defendant to pay to the circuit court a fee equal to 10 percent of the amount of
compensatory and punitive damages ordered. Fifty percent of a fee collected under
the substitute amendment must be transmitted to the secretary of administration,
deposited into the general fund, and credited to an appropriation account of DWD,
which must use those moneys for the administration of the fair employment law. The
balance must be retained by the county treasurer and used to pay for the operating
costs of the circuit court.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB20-SSA1, s. 1 1Section 1. 20.445 (1) (gr) of the statutes is created to read:
SB20-SSA1,2,32 20.445 (1) (gr) Employment discrimination fees. All moneys received from fees
3collected under s. 111.397 (2) (b), for the administration of subch. II of ch. 111.
SB20-SSA1, s. 2 4Section 2. 59.25 (3) (Lm) of the statutes is created to read:
SB20-SSA1,2,75 59.25 (3) (Lm) Forward 50 percent of the fees received under s. 111.397 (2) (b)
6to the secretary of administration for deposit in the general fund and credit to the
7appropriation account under s. 20.445 (1) (gr).
SB20-SSA1, s. 3 8Section 3. 111.39 (4) (d) of the statutes is amended to read:
SB20-SSA1,3,16
1111.39 (4) (d) The department shall serve a certified copy of the findings and
2order on the respondent, the order to have the same force as other orders of the
3department and be enforced as provided in s. 103.005. Any person aggrieved by
4noncompliance with the order may have the order enforced specifically by suit in
5equity. If the examiner finds that the respondent has not engaged in discrimination,
6unfair honesty testing, or unfair genetic testing as alleged in the complaint, the
7department shall serve a certified copy of the examiner's findings on the
8complainant, together with an order dismissing the complaint. If the examiner finds
9that the respondent has engaged in discrimination, unfair honesty testing, or unfair
10genetic testing as alleged in the complaint, the department shall serve a certified
11copy of the examiner's findings on the complainant, together with a notice advising
12the complainant that after the completion of all administrative proceedings under
13this section he or she may bring an action as provided in s. 111.397 (1) (a) to recover
14compensatory and punitive damages as provided in s. 111.397 (2) (a) and advising the
15complainant of the time under s. 111.397 (1) (b) within which the action must be
16commenced or be barred.
SB20-SSA1, s. 4 17Section 4. 111.39 (5) (d) of the statutes is created to read:
SB20-SSA1,4,218 111.39 (5) (d) If the commission affirms a finding that the respondent has
19engaged in discrimination, unfair honesty testing, or unfair genetic testing as
20alleged in the complaint, the commission shall serve a certified copy of the
21commission's decision on the complainant, together with a notice advising the
22complainant that after the completion of all administrative proceedings under this
23section he or she may bring an action as provided in s. 111.397 (1) (a) to recover
24compensatory 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.
SB20-SSA1, s. 5 3Section 5. 111.397 of the statutes is created to read:
SB20-SSA1,4,18 4111.397 Civil action. (1) (a) Except as provided in this paragraph, after the
5completion of all administrative proceedings under s. 111.39 concerning a violation
6of s. 111.321, 111.37, or 111.372, the department or a person discriminated against
7or subjected to unfair honesty testing or unfair genetic testing may bring an action
8in circuit court against any employer, labor organization, or employment agency that
9engaged in that discrimination, unfair honesty testing, or unfair genetic testing to
10recover compensatory and punitive damages caused by the violation, plus
11reasonable costs and attorney fees incurred in the action. Those damages are in
12addition to any back pay or other amounts awarded under s. 111.39. The department
13or a person discriminated against or subjected to unfair honesty testing or unfair
14genetic testing may not bring an action under this paragraph against the state, any
15agency of the state, or any local governmental unit, as defined in s. 19.42 (7u), or
16against any employer, labor organization, or employment agency employing fewer
17than 15 individuals for each working day in each of 20 or more calendar weeks in the
18current or preceding year.
SB20-SSA1,4,2319 (b) An action under par. (a) shall be commenced within 60 days after the date
20on which a copy of the final decision under s. 111.39 (4) (d) is mailed to the last-known
21address of the complainant or, if that decision is reviewed by the commission, within
2260 days after the date on which a copy of the final decision under s. 111.39 (5) (d) is
23mailed to the last-known address of the complainant, or be barred.
SB20-SSA1,5,224 (c) If a petition for judicial review of the findings and order of the commission
25concerning the same violation as the violation giving rise to the action under par. (a)

1is filed, the court shall consolidate the proceeding for judicial review and the action
2under par. (a).
SB20-SSA1,5,12 3(2) (a) Subject to pars. (c) and (d), in an action under sub. (1) (a), the circuit court
4shall order the defendant to pay to the person discriminated against or subjected to
5unfair honesty testing or unfair genetic testing compensatory and punitive damages
6in an amount that the circuit court or jury finds appropriate, plus reasonable costs
7and attorney fees incurred in the action. Those damages are in addition to any back
8pay or other amounts awarded under s. 111.39. The sum of the amount of
9compensatory damages for future economic losses and for pain and suffering,
10emotional distress, mental anguish, loss of enjoyment of life, and other noneconomic
11losses and the amount of punitive damages that a circuit court may order may not
12exceed the following:
SB20-SSA1,5,1513 1. In the case of a defendant that employs 100 or fewer employees for each
14working day in each of 20 or more calendar weeks in the current or preceding year,
15$50,000.
SB20-SSA1,5,1816 2. In the case of a defendant that employs more than 100 but fewer than 201
17employees for each working day in each of 20 or more calendar weeks in the current
18or preceding year, $100,000.
SB20-SSA1,5,2119 3. In the case of a defendant that employs more than 200 but fewer than 501
20employees for each working day in each of 20 or more calendar weeks in the current
21or preceding year, $200,000.
SB20-SSA1,5,2422 4. In the case of a defendant that employs more than 500 employees for each
23working day in each of 20 or more calendar weeks in the current or preceding year,
24$300,000.
SB20-SSA1,6,9
1(b) Subject to par. (c), in an action under sub. (1) (a), the circuit court shall also
2order the defendant to pay to the court a fee equal to 10 percent of the amount of
3compensatory and punitive damages ordered under par. (a). The clerk of circuit court
4shall collect and transmit the amount of any fee ordered under this paragraph to the
5county treasurer, who shall pay 50 percent of the fee to the secretary of
6administration under s. 59.25 (3) (Lm) and retain the balance to pay for the cost of
7operating the circuit court of the county. The secretary of administration shall
8deposit all moneys received under this paragraph into the general fund to be credited
9to the appropriation account under s. 20.445 (1) (gr).
SB20-SSA1,6,1210 (c) If the circuit court orders any payment under par. (a) or (b) because of a
11violation of s. 111.321, 111.37, or 111.372 by an individual employed by an employer,
12the employer of that individual is liable for the payment.
SB20-SSA1,6,1513 (d) 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.
SB20-SSA1,7,316 2. Except as provided in this subdivision, beginning on July 1, 2010, 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.
SB20-SSA1, s. 6 4Section 6. 814.04 (intro.) of the statutes is amended to read:
SB20-SSA1,7,9 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), 281.36 (2) (b)
71., 767.553 (4) (d), 769.313, 802.05, 814.245, 895.035 (4), 895.443 (3), 895.444 (2),
8895.445 (3), 895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and
9995.10 (3), when allowed costs shall be as follows:
SB20-SSA1, s. 7 10Section 7. 814.61 (15) of the statutes is created to read:
SB20-SSA1,7,1311 814.61 (15) Action for employment discrimination damages. On ordering a
12defendant to pay damages under s. 111.397 (2) (a), the fee prescribed in s. 111.397 (2)
13(b).
SB20-SSA1, s. 8 14Section 8. 893.995 of the statutes is created to read:
SB20-SSA1,7,16 15893.995 Employment discrimination; civil remedies. Any civil action
16arising under s. 111.397 is subject to the limitations of s. 111.397 (1) (b).
SB20-SSA1, s. 9 17Section 9. Initial applicability.
SB20-SSA1,7,2018 (1) Employment discrimination damages. This act first applies to acts of
19employment discrimination, unfair honesty testing, or unfair genetic testing
20committed on the effective date of this subsection.
SB20-SSA1, s. 10 21Section 10. Effective date.
SB20-SSA1,7,2322 (1) This act takes effect on the day after publication, or on the 2nd day after
23publication of the 2009-11 biennial budget act, whichever is later.
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