Wisconsin
How Civil Rights Act of 1991 applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Employment Law.
Wisconsin law incorporates the principles of the Civil Rights Act of 1991 into its own Fair Employment Law (WEA). The state law mirrors federal provisions while also providing additional protections against discrimination.
In Wisconsin, employment discrimination claims can be pursued under the Wisconsin Fair Employment Act (WFEA), which prohibits discrimination based on race, color, religion, sex, national origin, age, disability, and sexual orientation.
The court affirmed that the WFEA is comprehensive and offers broader protections than federal law regarding employment discrimination.
It was held that the dismissal of a claim under WFEA must be based on a fair inquiry into the merits of the discrimination allegation.
The court ruled that any retaliation for filing a discrimination complaint triggers protections under both state and federal law.
Wisconsin's state laws are often more expansive than federal laws, providing additional avenues for claims and protections for employees. For example, Wisconsin law includes specific protections based on sexual orientation and gender identity not explicitly found in federal law.
The principles of the Civil Rights Act of 1991 and its application under Wisconsin law are likely to be tested as they pertain to employment discrimination and the state's Fair Employment Act.