Overview of Employment Discrimination in Wisconsin

Regardless of the type of organization, they are forbidden from discriminating against employees and candidates. If an employer has discriminated against you as either a current employee or a job applicant, you may be entitled to compensation accordingly. Navigating the nuances of employment discrimination in Wisconsin can seem overwhelming. Not to mention this is understandably a difficult and emotional time for you, as no one should ever face discrimination.

Having Wisconsin's most trusted employment lawyer in your corner is the first step to maximizing your compensation. Bykhovsky Law has extensive experience receiving successful results for clients with employment discrimination claims.   

We've got your back if you have been unlawfully discriminated against in the workplace. Contact us today for a Free Confidential Consultation.  

What is Considered Employment Discrimination in Wisconsin? 

Under the Wisconsin Fair Employment Law, employers may not discriminate against employees or applicants for the following reasons. 

Age

Wisconsin's state law protects workers aged 40 and older from discrimination in the workplace, including:

  • Hiring
  • Termination
  • Job tasks
  • Leave or benefits
  • Promotions
  • Wages
  • Training
  • Licensing
  • Retirement 
  • Retaliation
  • Harassment
  • Hostile or offensive work environment

Arrest and Conviction Record

It is unlawful for employers to discriminate based on an arrest or conviction record. However, this does not apply if the arrest or conviction record is related to the employment or could cause issues in the workplace.

Race, Color, National Origin, and Ancestry

It is unlawful for organizations to make employment decisions based on race, color, national origin, or ancestry. This includes hiring, firing, wages, promotions, and more. 

Disability

Employers are forbidden from discriminating against individuals with disabilities who are qualified to perform the essential job functions of a role.

Employment-Discrimination-in-Wisconsin-Disability
Discrimination based on disability

Genetic Testing

It is illegal for employers to make workplace decisions based on whether an individual has received genetic testing and, if so, the results of those tests.

Creed (Religious Beliefs)

According to the state of Wisconsin, employers are prohibited from making employment decisions based on a person's creed or religious beliefs. 

Honesty Testing

During the hiring process or any time during training and employment, it is unlawful for individuals who refuse to take a lie detector test to be discriminated against.

Marital Status

According to the state of Wisconsin, employers may not discriminate against employees or applicants based on their marital status. This includes individuals who are married, single, divorced, widowed, or separated.

Military Service Discrimination

It is prohibited for any company, organization, or entity to discriminate against employees or candidates based on military service. This includes past, current, or prospective service in any of the United State's military branches.

Pregnancy or Childbirth

According to state and federal laws, It is illegal for an employer to discriminate against pregnant females, those who may become pregnant, or individuals who have children. Wisconsin law also dictates that certain individuals are allowed unpaid leave in connection with births and adoptions.

Employment-Discrimination-in-Wisconsin-Discrimination-of-Pregnant-Woman
Discrimination of a pregnant woman

Sex Discrimination

It is unlawful for any employer to discriminate against an individual based on their sex or gender. This also includes sexual and gender harassment.

Sexual Orientation

Employers may not discriminate against individuals based on their current sexual orientation or past preferences.

Use or Nonuse of Lawful Products

According to Wisconsin's State Law, employers are allowed to discriminate against how, why, when, where, and how frequently employees and applicants use or refrain from using lawful products. This includes tobacco, alcohol, prescription medications, etc. However, employers can restrict or prohibit their use on an organization's property.

Statute of Limitations

The statute of limitations for filing a complaint on employment discrimination is 300 days. This means that you must make a formal complaint within 300 days of an incident taking place. The sooner you take action, the better the prognosis of the outcome.

Seek Employment Discrimination lawyer in Wisconsin

The sooner you take action against employment discrimination, the better. As Wisconsin's premier employment lawyer, Bykhovsky Law is here for you and will walk you through every step of the process. We've got your best interest in mind and will work tirelessly to bring you the highest amount of compensation possible. Contact us today for a free consultation.

mayo 30, 2023