LIRC - ER Digest - Hypertext Subject Matter Index (Part 1)

Equal Rights Decision Digest -- Hypertext Subject Matter Index [Full Subj. Matter Index]

100 - FAIR EMPLOYMENT
    110 Coverage and application, generally
    120 Prohibited discrimination (e.g., sex, race, etc.)
    140 Affirmative Action
    150 Particular actions (e.g., pay, discharge, etc.)
    160 Meetings about religious, political matters

200 - HOUSING, PUBLIC ACCOMMODATIONS
    210 Housing
    220 Public accommodations

300 - FAMILY & MEDICAL LEAVE ACT
   310 Coverage and application generally
    320 Definition of "serious health condition"
    330 Right to substitute leave
    340 Notice to the employer
    350 Return to equivalent position after leave
    360 Taking partial leave and related issues
    370 Remedies
    380 Cases
    390 Miscellaneous

500 - OTHER LAWS
    510 Public Employee Safety & Health
    520 Employees' Right To Know Law
    530 Discrimination in Post-Secondary Education
    540 Retaliation for Reports of Abuse or Neglect
    550 State Employee "Whistleblower" Law
    560 Laws Protecting Military/Emergency Worker's

600 - PROOF - STANDARDS, BURDENS
    610 General
    620 Intentional Discrimination
    630 Disparate Impact
    640 Probable Cause
    650 Specific issues

700 - PROCEDURE
    710 Complaint
    720 Investigation
    730 Conciliation
    740 Procedures prior to hearing
    750 Role of ALJ
    760 Procedures at hearing
    770 Hearing Record , Decisions, Orders
    780 Reconsideration, Rehearing
    790 Appeal and Review

800 - REMEDIES
    810 Burden of proof
    820 Liability finding
    830 Remedies available
    840 Remedies in particular cases
    850 Duty to mitigate
    860 Frivolous claims and defenses

900 - CIVIL ACTION FOR DAMAGES (Repealed)

100 FAIR EMPLOYMENT ACT (See also 600, 700, 800)
: 200 OPEN HOUSING and PUBLIC ACCOMMODATIONS Laws
: 300 FAMILY AND MEDICAL LEAVE ACT (FMLA)
: 500 OTHER LAWS
: 600 PROOF - STANDARDS AND BURDENS ( WFEA cases)
: 700 PROCEDURE ( WFEA cases)
: 800 REMEDIES FOR DISCRIMINATION ( WFEA cases)
: 900 CIVIL ACTION FOR DAMAGES ( WFEA cases) (Repealed)

[Intro. to the ER Digest] - [Subj. Matter Index (Full)] - [Alphabetical Topic List] - [Case Table]

100 FAIR EMPLOYMENT ACT (WFEA) (s. 111.31, et seq.): 110 Coverage and application, generally; 120 Prohibited bases of discrimination (includes 130's); 140 Affirmative Action; 150 Particular Employment Actions

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110 Coverage and application, generally: 111 Purpose of the Wisconsin Fair Employment Act; 112 Who may file a complaint; 113 Against whom a complaint may be filed; 114 Geographical coverage of the WFEA; 115 Express exceptions from coverage; 116 Exclusivity of WFEA remedy; 117 Effect of other laws on WFEA rights and remedies; 118 Constitutional issues; 119 Relationship to other litigation: res judicata, collateral estoppel

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112 Who may file a complaint: 112.1 Covered individuals; 112.2 Covered employment relationships; independent contractors; 112.3 Standing; 112.9 Miscellaneous

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113 Against whom a complaint may be filed: 113.1 Employers; 113.2 Labor organizations; 113.3 Licensing and employment agencies; 113.4 Other persons; 113.5 Respondent's responsibility for acts of agents; 113.9 Miscellaneous

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117 Effect of other laws on WFEA rights and remedies: 117.1 Title VII; 117.2 Equal Pay Act; 117.3 Age Discrimination in Employment (ADEA); 117.4 ERISA; Labor relations laws (NLRA, LMRA); 117.5 Secs. 118.195-118.20, Stats. (Teachers); 117.6 Worker's Compensation Act (Ch. 102, Stats.); 117.7 Federal Family and Medical Leave Act; 117.9 Miscellaneous

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119 Relationship to other litigation: claim preclusion (res judicata), issue preclusion (collateral estoppel); judicial estoppel: 119.1 General principles; 119.2 Title VII, ADEA, other federal court decisions; 119.3 State court decisions; 119.4 Other FEP agency decisions; 119.5 Arbitration decisions; 119.6 Unemployment compensation decisions; 119.9 Miscellaneous

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120 Prohibited bases of discrimination (includes 130's): 121 Age Discrimination; 122 Arrest or Conviction Record Discrimination; 123 Disability Discrimination; 124 National Origin and Ancestry Discrimination; 125 Race and Color Discrimination; 126 Creed (Religion) Discrimination; 127 Sex Discrimination; 128 Sexual Orientation Discrimination; 129 Marital Status Discrimination; 130 Use or Non-use of Lawful Products; 131 Military Service Discrimination; 132 Honesty Testing; 133 Retaliation for exercise of rights under the WFEA (s. 111.322(3)); 134 Retaliation for enforcing rights under certain other laws (s. 111.322(2m)); 135 Genetic Testing

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121 Age Discrimination: 121.1 Coverage, exceptions; 121.2 Hire; 121.3 Compensation, benefits; 121.4 Conditions of employment; 121.5 Termination; 121.6 Retirement plans; 121.7 Waivers; 121.9 Miscellaneous

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121.1 Age Discrimination; Coverage, exceptions: 121.11 Lower age limit; comparative ages of employes; 121.12 Upper age limit; 121.13 Hazardous occupations; 121.14 Preemption

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122 Arrest or Conviction Record Discrimination: 122.1 Coverage, exceptions; 122.2 The "substantial relationship" standard; 122.3 Other affirmative defenses; 122.4 Bondability; 122.5 Falsification of employment application with respect to prior conviction; 122.6 Remedies; 122.9 Miscellaneous

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122.1 Arrest or Conviction Record Discrimination; Coverage, exceptions: 122.11 General; 122.12 Definition of 'arrest record', 'conviction record'; 122.13 'Onalaska' rule - underlying act, rather than arrest, as reason; 122.19 Miscellaneous

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122.2 Arrest or Conviction Record Discrimination; the "substantial relationship" defense: 122.21 Generally; 122.22 Circumstances not substantially related; 122.23 Circumstances substantially related

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123 Disability Discrimination: 123.1 Coverage; 123.2 Particular disabilities; 123.3 Complainant's burden of proof; 123.4 Employer's burden of proof; affirmative defenses; 123.5 Employer's duty to accommodate; 123.6 Proof of medical facts; 123.9 Miscellaneous

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123.1 Disability Discrimination; Coverage: 123.11 Definition of disability, generally; 123.12 Perceived disability; 123.13 Permanent versus temporary conditions; 123.14 Conditions found to be disabilities; 123.15 Conditions found not to be disabilities; 123.16 Preemption by Worker's Compensation Act (see section 117.6); 123.19 Miscellaneous

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123.2 Disability Discrimination; Particular disabilities: 123.21 Acquired immune deficiency syndrome (AIDS); 123.22 Alcoholism, drug addiction; 123.23 Back problems, lifting restrictions; 123.24 Epilepsy, seizure disorders; 123.25 Mental impairment; 123.26 Visual, hearing impairments; 123.27 Other conditions

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123.3 Disability Discrimination; Complainant's burden of proof: 123.31 Generally; 123.32 Employer's knowledge of disability

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123.4 Disability Discrimination; Employer's burden of proof, affirmative defenses: 123.41 Generally; 123.42 Inability to perform job-related responsibilities; 123.43 Risk of injury to employe or others; reasonable "probability" standard; 123.44 Risk of injury to employe or others; lesser "possibility" standard; 123.45 Requirement of case-by-case evaluation

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124 National Origin and Ancestry Discrimination: 124.1 Coverage; distinction between national origin and ancestry; 124.2 Harassment because of national origin; 124.3 Cases

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125 Race and Color Discrimination: 125.1 Coverage; generally; 125.2 Hire; 125.3 Conditions of employment, harassment because of race; 125.4 Promotion, compensation, terms of employment; 125.5 Termination; 125.9 Miscellaneous

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126 Creed (Religion) Discrimination: 126.1 General coverage; 126.2 Exception allowing religious associations to give preference to adherents to their creed; 126.3 Constitutional issues; 126.4 Employer's duty to accommodate; 126.5 Harassment because of creed; 126.6 Cases

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127 Sex Discrimination: 127.1 Coverage, exceptions; 127.2 Hire; 127.3 Sexual harassment; 127.4 Harassment because of gender; 127.5 Compensation, benefits, equal pay; 127.6 Promotion, job assignments; 127.7 Termination; 127.9 Miscellaneous

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127.1 Sex Discrimination; Coverage, exceptions: 127.11 Sex as a Bona Fide Occupational Qualification (BFOQ); 127.12 Pregnancy, childbirth, maternity leave or related medical condition; 127.13 Claims of sex discrimination by males

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127.7 Sex Discrimination; termination: 127.71 Termination because of sex, generally; 127.72 Termination because of pregnancy, childbirth, maternity leave or related medical condition

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129 Marital Status Discrimination: 129.1 Coverage, generally; 129.2 Spousal Identity; 129.3 Insurance coverage; 129.4 Cases

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132 Honesty Testing: 132.1 Required procedures, nature of permitted tests; 132.2 Discipline or discharge based on refusal to take test; 132.3 Definition of "test results"; 132.4 Definition of "independently obtained evidence"

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133 Retaliation for exercise of rights under the WFEA (s. 111.322(3)): 133.1 Coverage; 133.2 Standard of proof; 133.3 Retaliation by former employer; 133.4 Cases; 133.9 Miscellaneous

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133.2 Retaliation for exercise of rights under the WFEA (s. 111.322(3)); standard of proof: 133.21 Prima facie case; 133.22 Employer knowledge of oppositional activity; 133.23 Establishing causal connection between opposition activity and adverse action

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134 Retaliation for attempts to enforce rights under certain laws other than the WFEA (s. 111.322(2m)): 134.1 Coverage; 134.2 Standard of proof
134.3 Cases; 134.9 Miscellaneous

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140 Affirmative Action: 141 Generally; 142 Affirmative action efforts found permissible; 143 Affirmative action efforts found impermissible; 149 Miscellaneous

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150 Particular Types Of Adverse Employment Actions: 151 Constructive discharge; 152 Harassment, deprecatory employment atmosphere; 153 Printing or making an inquiry which expresses or implies discrimination; 154 Failure to post notices required by law; 155 Use of subjective criteria in hiring; 156 Discrimination by third parties

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152 Harassment, deprecatory employment atmosphere: 152.1 Generally; 152.2 Harassment because of creed; 152.3 Harassment because of national origin; 152.4 Harassment because of race; 152.5 Sexual harassment; 152.6 Harassment because of gender; 152.7 Harassment because of sexual orientation

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