LIRC - ER Digest - Full Subject Matter Index

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

100 THE WISCONSIN FAIR EMPLOYMENT ACT (WFEA) (Secs. 111.31-111.395, Stats.)

110 Coverage and application, generally

111 Purpose of the Wisconsin Fair Employment Act

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

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

114 Geographical coverage of WFEA

115 Express exceptions from coverage

116 Exclusivity of WFEA remedy

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

118 Constitutional issues

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

120-134 Prohibited bases of discrimination

121 Age Discrimination

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

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

122 Arrest or Conviction Record Discrimination

122.1 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

122.2 The "substantial relationship" defense: 122.21 Generally; 122.22 Circumstances not substantially related; 122.23 Circumstances substantially related

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

123 Disability Discrimination

123.1 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

123.2 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

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

123.4 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

123.5 Employer's duty to accommodate

123.6 Proof of medical facts

123.9 Miscellaneous

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

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

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

127 Sex Discrimination

127.1 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

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

127.9 Miscellaneous

128 Sexual Orientation Discrimination

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

130 Use or Non-use of Lawful Products

131 Military Service Discrimination

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"

133 Retaliation for exercise of rights under the WFEA (s. 111.322(3))

133.1 Coverage

133.2 Standard of proof: 133.21 Prima facie case; 133.22 Employer knowledge of oppositional activity; 133.23 Establishing a causal connection between the oppositional activity and the adverse employment action

133.3 Retaliation by former employer

133.4 Cases

133.9 Miscellaneous

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

135 Genetic Testing

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

150 Particular Types of Adverse Employment Actions

151 Constructive discharge

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

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

160 Discrimination for declining to attend a meeting or participate in a communication about religious or political matters

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200 WISCONSIN OPEN HOUSING and PUBLIC ACCOMMODATIONS Laws

210 Housing Discrimination (Sec. 106.50, Stats.)

211 Coverage, exceptions

212 Cases: 212.1 Race discrimination; 212.2 Sex discrimination; marital status discrimination; 212.3 Disability discrimination; 212.4 Other discrimination

213 Testing

214 Advertisements for housing

215 Remedies

219 Miscellaneous

220 Discrimination in Public Accommodations or Amusements (Sec. 106.52, Stats.): 221 Coverage; 222 Cases; 223 Remedies; 229 Miscellaneous

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300 THE WISCONSIN FAMILY AND MEDICAL LEAVE ACT (FMLA) (Sec. 103.10, Stats.)

310 Coverage and application, generally

311 Number of employes

312 Length of employment

313 Statute of limitations

314 Posting requirement

315 Preemption issues

316 Miscellaneous

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 Procedural matters; judicial review

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500 OTHER LAWS: 510 Public Employe Safety And Health Law (Sec. 101.055, Stats.); 520 Employes' Right To Know Law (Secs. 101.58-101.599, Stats.); 530 Discrimination In Admission To Post-Secondary Education (Sec. 106.56, Stats.); 540 Statutes Relating to Retaliation for Reports of Abuse or Neglect; 550 State Employees "Whistleblower" Law (Sec. 230.80-89, Stats.)

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600 PROOF - STANDARDS AND BURDENS

610 General Considerations: 611 Complainant's ultimate burden of proof; 612 Burden of proof in mixed motive cases; 619 Miscellaneous

620 Proof of Intentional Discrimination

621 Direct evidence of discrimination

622 Proof of intent utilizing the McDonnell-Douglas v. Green framework: 622.1 General considerations; 622.2 Complainant's prima facie case; 622.3 Respondent's burden to articulate legitimate, non-discriminatory reasons; 622.4 Complainant's proof of pretext

630 Proof of Disparate Impact

631 General considerations

632 Complainant's burden to show adverse impact: 632.1 Complainant's prima facie case; 632.2 Extent of disparity; 632.3 Adequacy of sample size

633 Respondent's burden to show job-relatedness

634 Complainant's burden to demonstrate availability of alternatives with lesser adverse impact

635 Cases

640 Probable Cause: 641 Definition of probable cause; 642 Complainant's burden of proof; 643 Credibility considerations; 644 Cases; 649 Miscellaneous

650 Specific Issues: 651 Proof of medical facts; 659 Miscellaneous

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700 PROCEDURE

710 Complaint

711 Timeliness: 711.1 Measurement of timeliness; 711.2 Continuing violations; 711.3 Tolling of time to file complaint; equitable estoppel; 711.4 Determinations of timeliness, appealability

712 Parties, naming in complaint

713 Identification of issues, notice

714 Amendment of complaint, relation back to original complaint

715 Adequacy of complaint

716 Appeal of preliminary determination dismissing complaint

717 Effect of pre-filing waiver and release of claims

719 Miscellaneous

720 Investigation

721 Generally

722 Appeal of no probable cause determinations: 722.1 Filing of appeal; 722.2 Probable cause hearing

730 Conciliation

740 Procedures prior to hearing

741 Notice of hearing: 741.1 Generally; 741.2 Identification of issues

742 Answer

743 Postponements

744 Pre-hearing conferences and orders

745 Discovery

746 Dismissals for failure to respond to correspondence from the department

747 Prehearing disclosure of witnesses and exhibits

748 Withdrawals and settlements: 748.1 Withdrawal of complaint; dismissal; 748.2 Settlement agreements; enforcement

749 Dismissals for failure to state a claim upon which relief may be granted

750 Role of Administrative Law Judge: 751 Generally; 752 Disqualification of Administrative Law Judge

760 Procedures at Hearing

761 Parties' right to representation

762 Evidence: 762.1 Generally; 762.2 Admissibility; 762.3 Matters found probative or relevant; 762.4 Official notice; 762.5 Judicial admissions; 762.6 Rebuttal evidence

763 Other procedures at hearing

764 Dismissal of a complaint at close of Complainant's case

765 Failure to appear at hearing

766 Interpreters; Translations; Party's inability to speak or read English

767 Presentation of evidence regarding remedy

769 Miscellaneous

770 Record of Hearing, Decisions and Orders: 771 Hearing Record; Transcripts; 772 Findings of Fact; 773 Conclusions of Law; opinions and decisions in general; 774 Orders; 775 Delay in issuance of decision; 779 Miscellaneous

780 Reconsideration, rehearing

790 Appeal and review: 791 Decisions not appealable to LIRC; 792 Decisions appealable to LIRC; 793 Decisions appealable to court; 794 Procedures for review by LIRC; scope of review; 795 Summary of proceedings as basis for review; 796 Requirement that LIRC consult with ALJ regarding credibility impressions; 797 Judicial Review; 799 Miscellaneous

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800 REMEDIES; ATTORNEY'S FEES, COSTS; FRIVOLOUS CLAIMS, DEFENSES

810 Burden of proof re: remedies

820 Right to liability finding when no remediable harm

830 Remedies which may be provided

831 Back Pay

831.1 Entitlement to back pay, generally

831.2 Computation of amount, generally

831.3 Offsets from back pay

831.4 Events limiting back pay liability: 831.41 Unconditional offer of reinstatement; 831.42 Accepting comparable job at same or higher pay; 831.43 Quitting or being fired from comparable job; 831.44 Unavailability for work; 831.45 Showing that job would have ended anyway; 831.46 After-acquired evidence

831.5 Limitation to two years prior to filing of complaint

831.6 Respondent's obligation to pay, exceptions and limitations

831.9 Miscellaneous

832 Front pay

833 Reinstatement; hire

834 Other remedial orders

834.1 Remedies for insurance benefit denial

834.2 Remedies for loss of seniority

834.3 Remedies for loss of fringe benefits; Remedies for loss of compensation and benefits not incident to termination

834.4 Remedies for emotional harm

834.5 Miscellaneous remedial orders: 834.51 Clearing file, neutral references; 834.52 Posting order, notices; 834.53 Counseling or discipline of offending supervisor; 834.59 Miscellaneous

835 Interest on award

836 Attorney fees, costs

836.1 Complainant's right to attorney fees and costs: 836.11 Generally; 836.12 What is 'prevailing'; partial success; 836.13 Pro se complainants; 836.14 Complainant's personal costs; 836.15 Right to fees where legal services were not charged for; 836.16 Right to fees and costs from the State; 836.17 Proceedings on appeal

836.2 Respondent's right to attorney fees and costs from complainant

836.3 Procedures used in determining fees

836.4 Amount of fees: 836.41 Generally; 836.42 Amount of time expended; 836.43 Hourly rate; 836.44 Multipliers, "lodestar" enhancement; 836.45 Partial success; 836.46 Interest on fee award

840 Remedies in particular types of cases: 841 Refusal to hire; 842Termination of employment; 843 Suspension; 844 Pregnancy discrimination
845 Discriminatory compensation; 849 Miscellaneous

850 Duty to mitigate damages: 851 Generally, burdens and proof; 852 Cases

860 Frivolous claims, right to attorney's fees and costs for: 861 ALJ authority to find claim or defense frivolous (227.483, Stats.) (no cases); 862 Court authority to find claim or defense frivolous (802.05, Stats., former 814.025 Stats.); 863 LIRC authority to find claim or defense frivolous

900 CIVIL ACTION FOR DAMAGES AFTER COMPLETION OF ALL ADMINISTRATIVE PROCEEDINGS (Repealed)