Equal Rights
Decisions Digest -- Hypertext Subject Matter Index -- (Part 2)
- 200 OPEN HOUSING and PUBLIC ACCOMMODATIONS Laws
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- 210 Housing Discrimination (Sec. 106.50, Stats.)
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- 220 Discrimination in Public Accommodations (Sec. 106.52,
Stats.)
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- 210 Housing Discrimination (Sec. 106.50, Stats.)
- 211 Coverage, exceptions
- 212 Cases
- 213 Testing
- 214 Advertisements for housing
- 215 Remedies
- 219 Miscellaneous
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- 212 Housing Discrimination; Cases
- 212.1 Race discrimination
- 212.2 Sex discrimination; marital status discrimination
- 212.3 Disability discrimination
- 212.4 Other discrimination
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- 220 Discrimination in Public Accommodations or Amusements (Sec. 106.52,
Stats.)
- 221 Coverage
- 222 Cases
- 223 Remedies
- 229 Miscellaneous
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- 300 FAMILY AND MEDICAL LEAVE ACT (FMLA) (Sec. 103.10, Stats.)
- 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 Procedural matters; judicial review
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- 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
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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 (Reports To Board On Aging, Reports of Elder Abuse, Reports As To
Residential Care Facilities)
550 State Employees "Whistleblower" Law (Sec. 230.80-89,
Stats.)
560 Laws Protecting Military/Emergency Worker's (Sec. 321.65, Sec.
321.66, Sec. 103.88)
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540 Statutes Relating To Retaliation
For Reports of Abuse or Neglect
541 Retaliation For Reports To Board On Aging (Sec.
16.009(5), Stats.)
542 Retaliation for Reports of Elder Abuse (Sec. 46.90(4)(b),
Stats.)
543 Retaliation For Reports As To Residential Care
Facilities (Sec. 50.07(3), Stats.)
544 Health Care Worker Protection (Sec. 146.997, Stats.)
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550 State Employees "Whistleblower" Law
(Sec. 230.80-89, Stats.)
551 Coverage
552 Disclosure of Information
553 Processing of Information by Governmental Unit
554 Retaliatory Action Prohibited
555 Procedures for Enforcement
556 Cases
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- 551 State Employee "Whistleblower" Law; Coverage
- 551.1 Generally
- 551.2 Which entities are covered
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- 552 State Employee "Whistleblower" Law; Disclosure of information
- 552.1 Generally
- 552.2 Exception - disclosure likely to result in anything of
value for the employee
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- 554 State Employee "Whistleblower" Law; Retaliatory Action Prohibited
- 554.1 Generally
- 554.2 Disciplinary action
- 554.3 Presumption of retaliation
- 554.4 Cases
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- 555 State Employee "Whistleblower" Law; Procedures
- 555.1 Jurisdictional issues; timeliness of complaint
- 555.2 Remedies; Attorney's fees and costs for frivolous claims
- 555.3 Judicial review
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560 Statutes Relating To Certain Military Service and Emergency Worker
Rights
561 Re-employment Rights After National
Guard, state defense force or public health emergency service (Sec. 321.65,
Stats.)
562 Discrimination based on Civil Air Patrol
Membership (Sec. 321.66, Stats)
563 Absence from work of volunteer
firefighter, emergency medical technician, first aid responder or ambulance
driver (Sec. 103.88, Stats)
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- 600 PROOF - STANDARDS AND BURDENS
- 610 General Considerations
- 620 Proof of Intentional Discrimination
- 630 Proof of Disparate Impact
- 640 Probable Cause
- 650 Specific Issues
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610 General Considerations
- 611 Complainant's ultimate burden of proof
- 612 Burden of proof in mixed motive cases
- 619 Miscellaneous
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- 620 Proof of Intentional Discrimination
- 621 Direct evidence of discrimination
- 622 Proof of intent utilizing the McDonnell-Douglas v. Green framework
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- 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
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- 630 Proof of Disparate Impact
- 631 General considerations
- 632 Complainant's burden to show adverse impact
- 633 Respondent's burden to show job-relatedness
- 634 Complainant's burden to demonstrate availability of
alternatives with lesser adverse impact
- 635 Cases
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- 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
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- 640 Probable Cause
- 641 Definition of probable cause
- 642 Complainant's burden of proof
- 643 Credibility considerations
- 644 Cases
- 649 Miscellaneous
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- 650 Specific Issues
- 651 Proof of medical facts
- 659 Miscellaneous
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- 700 PROCEDURE
- 710 Complaint
- 720 Investigation
- 730 Conciliation
- 740 Procedures prior to hearing
- 750 Role of Administrative Law Judge
- 760 Procedures at Hearing
- 770 Record of Hearing, Decisions and Orders
- 780 Reconsideration, rehearing
- 790 Appeal and review
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- 710 Complaint
- 711 Timeliness
- 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
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- 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
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- 720 Investigation
- 721 Generally
- 722 Appeal of no probable cause determinations
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- 722 Appeal of no probable cause determinations
- 722.1 Filing of appeal
- 722.2 Probable cause hearing
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- 740 Procedures prior to hearing
- 741 Notice of hearing
- 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
- 749 Dismissals for failure to state a
claim upon which relief may be granted
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- 741 Notice of hearing
- 741.1 Generally
- 741.2 Identification of issues
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- 748 Withdrawals and settlements
- 748.1 Withdrawal of complaints; dismissal
- 748.2 Settlement agreements; enforcement
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- 750 Role of Administrative Law Judge
- 751 Generally
- 752 Disqualification of Administrative Law Judge
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- 760 Procedures at Hearing
- 761 Parties' right to representation
- 762 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
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- 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
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- 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
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- 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
- 840 Remedies in particular types of cases
- 850 Duty to mitigate damages
- 860 Frivolous claims and defenses
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- 830 Remedies which may be provided
- 831 Back Pay
- 832 Front pay
- 833 Reinstatement; hire
- 834 Other remedial orders
- 835 Interest on award
- 836 Attorney's fees, costs
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- 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
- 831.5 Limitation to two years prior to filing of complaint
- 831.6 Respondent's obligation to pay, exceptions and
limitations
- 831.9 Miscellaneous
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- 831.4 Remedies; Back pay; 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
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- 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
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- 834.5 Other remedial orders; miscellaneous
- 834.51 Clearing file, neutral references
- 834.52 Posting order, notices
- 834.53 Counseling or discipline of offending supervisor
- 834.59 Miscellaneous
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- 836 Attorney's fees, costs
- 836.1 Complainant's right to attorney's fees and costs
- 836.2 Respondents' right to attorney's
fees and costs from complainant
- 836.3 Procedure used in determining fees
- 836.4 Amount of fees
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- 836.1 Complainant's right to attorney's 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 award of fees and
costs from the State
- 836.17 Proceedings on appeal
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- 836.4 Attorney's fees; amount
- 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
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- 840 Remedies in particular types of cases
- 841 Refusal to hire
- 842 Termination of employment
- 843 Suspension
- 844 Pregnancy discrimination
845 Discriminatory compensation
- 849 Miscellaneous
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- 850 Duty to mitigate damages
- 851 Generally, burdens and proof
- 852 Cases
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- 860 Frivolous claims and defenses
- 861 ALJ authority to find claim or defense frivolous (227.483, Stats.)
- 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
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