Workplace Issues in Wisconsin
Key Wisconsin Law
Wisconsin Statutes Section 111.321 (Wisconsin Fair Employment Act — WFEA)
The Wisconsin Fair Employment Act prohibits employment discrimination based on age (18+), race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, membership in the national guard, pregnancy, or arrest record or conviction record (in most circumstances). It applies to employers with 1 or more employees.
View official statuteProcedural Details in Wisconsin
Wisconsin Agencies & Resources
Wisconsin Equal Rights Division (ERD)
Investigates employment discrimination complaints under the WFEA. File within 300 days of the discriminatory act.
Wisconsin Department of Workforce Development — Labor Standards
Enforces Wisconsin minimum wage and wage payment laws. Handles wage claims and labor standards complaints.
EEOC Milwaukee District Office
Handles federal employment discrimination charges for Wisconsin workers.
Frequently Asked Questions
How does Wisconsin's age discrimination protection differ from federal law?
Wisconsin's Fair Employment Act prohibits age discrimination for workers 18 and older — significantly broader than the federal ADEA's threshold of 40 and older. Young workers in Wisconsin who face age-based discrimination have state law protections that are not available under federal law.
How long do I have to file a discrimination complaint in Wisconsin?
Workers have 300 days from the discriminatory act to file a complaint with the Wisconsin Equal Rights Division. Wisconsin has a dual-filing agreement with the EEOC. After investigation, workers may request a right-to-sue notice to file in state court.
Does Wisconsin protect workers with prior criminal records?
Yes. The Wisconsin Fair Employment Act includes "arrest record" and "conviction record" as protected classes in most circumstances. Employers generally cannot automatically disqualify job applicants based on prior arrests that did not result in convictions, or for convictions that are not substantially related to the job. This "ban the box" type protection is built into Wisconsin's anti-discrimination statute.
What is Wisconsin's minimum wage?
Wisconsin's minimum wage is $7.25 per hour, matching the federal floor. Wisconsin has not enacted a higher state minimum wage. A Milwaukee paid sick leave ordinance was enacted but later preempted by state law, so Wisconsin workers have limited paid leave protections beyond what federal law provides.
Related Workplace Issues Scenarios
Can I sue for wrongful termination?
Understanding when firing might be illegal and what your employment rights are.
Can I sue for unpaid wages?
Understanding your rights when an employer doesn't pay what you're owed.
Can I sue for retaliation after reporting workplace safety concerns?
Legal protection against employer retaliation for reporting safety violations or refusing unsafe work.
Can I sue for disability discrimination when employer won't accommodate?
Legal options when employers fail to provide reasonable accommodations for qualified disabilities.
Have a Specific Situation in Wisconsin?
Every situation is unique. Try our educational assessment tool for guidance based on your specific circumstances.