Wisconsin Legislature: Sex discrimination

Nursing homes

Nursing homes operated by religious or fraternal orders, whose policies restrict admittance thereto to members thereof, are not exempt from the provisions of sec. 146.30, Stats., and rules adopted pursuant thereto, unless they come within the provisions contained in subsec. (12m) of said statute. 63-30

Optometry

Section 449.01(3), Stats., requires a county, under a group health care benefit plan providing coverage for eye examinations performed by a licensed physician and surgeon, to pay for such services performed by an optometrist. (Unpub.). 33-1989

Personnel Commission

The Personnel Commission possesses the same powers and duties in processing discrimination complaints involving a state agency as employer as those exercised by the Department of Industry, Labor and Human Relations with respect to discrimination complaints involving an employer other than a state agency including the power to investigate complaints and to issue subpoenas. 68-403

Relatives

Within limits, County Board may prospectively prohibit department heads from appointing close relatives to county offices and positions but cannot totally prohibit relatives of a county board supervisor from any employment by the county. (Unpub.). 88-1977

Religion

A contract between the Department of Health and Social Services and an association of private adoption agencies does not result in legally prohibited religious discrimination where any religious preferences are limited to the statutory religious matching requirement. (Unpub.). 32-1983

University records of employe's ethnic origin. (Unpub.). 79-1977

Service clubs

Section 942.04, Stats., potentially applies to service clubs; constitutionality of state regulation of such clubs is to be analyzed according to Board of Dirs. of Rotary Intern. v. Rotary Club, 481 U.S. 537, 107 S. Ct. 1940 (1987). 76-251

Settlement

Department of Industry, Labor and Human Relations may approve or be party to a job discrimination settlement agreement which includes less than the full back pay liability if the agreement eliminates the discrimination. If the agreement does not eliminate the discrimination the Department may proceed in the matter before it. 66-28

Schools and school districts

Discrimination such as the use by public schools of American Indian logos, mascots or nicknames does come within the purview of section 118.13 of the Wisconsin statutes. 80-321

Sex discrimination

State agency

A state agency may insist on the presence of legal counsel when making agency personnel available for informal interviews conducted by Personnel Commission equal rights officers in the course of investigating complaints of employment discrimination against such state agency, where the equal rights officer wishes to (1) conduct on the job interviews of nonmanagerial personnel, or (2) interview agency supervisors who are not named or "immediately" involved in the discrimination actions in question. 70-167

University

Section 36.29(1), Stats., which prohibits investment of University funds in companies which practice or condone discrimination is not an undue burden on interstate commerce, does not improperly interfere with foreign relations and is not impermissibly vague. 67-20

Vocational, technical and adult education

The employment practices of vocational, technical and adult education districts are subject to city equal employment ordinances. Such ordinances, however, can be applied only to employment with the geographic boundaries of the city. 70-226

Wisconsin Administrative Code

Discrimination such as the use by public schools of American Indian logos, mascots or nicknames does come within the purview of section 118.13 of the Wisconsin statutes. 80-321

DISTRICT ATTORNEY

See also CORPORATION COUNSEL; COUNTY CORPORATION COUNSEL

Bar dues

Counties are not required to pay the bar dues of district attorneys and assistant district attorneys serving the county. However, a district attorney or assistant district attorney may elect under section 978.12(6), Stats., to retain a county fringe benefits package that includes payment of bar dues. 79-159

Conflict of interest

Corporation counsel employed on part-time basis cannot accept employment as defense counsel for those whose interests are directly adverse to the State or county. Section 256.22(3), Stats., does not prohibit a district attorney from compensating his partner, out of his own funds, for assistance in prosecuting a state case. County Board cannot change status of office of district attorney from one in which he is permitted to practice law privately to one in which he is not, so as to be effective during the term for which such officer was elected. 67-31

Section 196.675(1), Stats., would be violated where a partner of a district attorney compensated on a part-time basis was retained by a public utility, if the partner-district attorney were to financially benefit directly or indirectly. 75-111

Confidential reports

A district attorney or corporation counsel may reveal the contents of a report made under section 48.981 in the course of a criminal prosecution or one of the civil proceedings enumerated under section 48.981(7)(a)10. 81-66

Costs of prosecution"

Courts lack authority to impose and enforce payment of "costs of prosecution" as a condition of probation in absence of statutory authority; courts may dismiss a criminal charge upon payment of agreed "costs of prosecution" as part of plea bargain which court accepts. (Unpub.). 42-1982

County Board

County Board cannot diminish or enlarge duties of District Attorney except where certain duties are transferred to County Corporation Counsel. (Unpub.). 76-1977

County Board may not by resolution require either a full-time District Attorney or the Corporation Counsel to advise town officers on matters of strictly town business, and may not engage special counsel for such purpose. 72-172

Discussed in relation to corporation counsels' duties

Duties of corporation counsels of different counties discussed where county Department of Social Services, on behalf of persons over whom it has legal custody, requests the Department of Social Services of another county, within which such person resides, to institute a chapter 55 proceeding for protective placement in the court of the county of residence. (Unpub.). 35-1984

Duties

District attorney's obligation to prosecute town forfeiture actions at the request of a town chairman under section 778.12, Stats., discussed. 78-166

District Attorneys, whether compensated on a full-time or part-time basis, have a duty to represent the interests of the county and State in child support and paternity matters under sec. 46.25, Stats., petitions for a child alleged to be in need of protection or services under sec. 48.13, Stats., mental commitments pursuant to sec. 51.20, Stats., alcohol commitments under sec. 51.45, Stats., and petitions for appointment of a guardian under sec. 880.295(1), Stats., where the County Board has not assigned such duties to a County Corporation Counsel. 70-148

Evidence Rule

Under new Evidence Rule 906.09, defendant may not be cross-examined about prior convictions until the Court has ruled in proceedings under Rule 901.04 that such convictions are admissible. Nature of former convictions may now be proved under the new rule. Defendant has burden of proof to establish that a former conviction is inadmissible to impeach him because obtained in violation of his right to counsel, under Loper v. Beto, 405 U.S. 473. Rule of Loper v. Beto, 405 U.S. 473, does not apply to claimed denial of constitutional rights other than the right to counsel, although the conviction would be inadmissible for impeachment if it had been reversed on appeal, whether on constitutional or other grounds, or vacated on collateral attack. 63-424

.42/51.437 Boards

A multi-county sec. 51.42-51.437 Board is not an independent agency or body corporate, but is an agency of the contracting counties. The district attorneys or corporation counsel of the contracting counties are required to furnish legal advice and representation to such Board. The sec. 51.42/51.437 Board, however, has limited power to contract with private attorneys for the furnishing of certain legal services to clients pursuant to secs. 46.03(17), 46.036, 51.42(5), 51.437(5) and 55.04(1)(a)8., Stats. Counties could jointly employ a county corporation counsel to furnish legal services of a civil nature to the Human Services Board by reason of secs. 59.025(3), 59.07(44), 66.30, Stats. (Unpub.). 38-1982

Section 51.42(5)(h)7. permits multicounty 51.42/51.437 Board to retain private legal counsel only where the Corporation Counsel of each county, or District Attorney of each county not having a Corporation Counsel, notifies the Board that he or she is unable to provide specific services in a timely manner. Litigation, as used in section 59.44(3), applies only to civil court proceedings and does not include grievance proceedings or proceedings before an administrative agency. 73-8

Forfeiture actions

District attorney's obligation to prosecute town forfeiture actions at the request of a town chairman under section 778.12, Stats., discussed. 78-166

Industry, Labor and Human Relations, Department of

District attorneys may exercise discretion in collecting wages referred by the Department of Industry, Labor and Human Relations, but such discretion must be exercised reasonably. Specific questions concerning collection of wages are discussed including methods of collection, settlements, payment of costs and fees, and enforcement of the statutory lien. 78-171

Investigators

It is the responsibility of the county to develop position descriptions, determine salaries and compile a list of eligible applicants for investigative and support staff positions within the district attorney's office. It is the district attorney's responsibility to approve each new member of the investigative and support staff and to supervise such staff after it is hired. 80-19

Investigators employed by district attorneys offices in counties which have neither a population of 500,000 or more nor cities of the second or third class do not possess general police powers. (Unpub.). 53-1982

Involuntary commitment

Under sec. 55.06(1)(c), Stats., the duty of Corporation Counsel is to assist the Court and not to act as counsel for private parties petitioning. Under sec. 55.06(9)(a), Stats., Court should order protective placement in an existing facility. Under sec. 51.20(2), Stats., Court can entertain proceedings for involuntary commitment of person who has been admitted in some facility as a voluntary in-patient. 68-97