LRB-0909/1
GMM:kjf:ph
2009 - 2010 LEGISLATURE
February 10, 2009 - Introduced by Representatives Sinicki, Jorgensen, Sheridan,
Pocan, Nelson, Seidel, Colon, Parisi, Grigsby, Mason, Sherman, Shilling,
Van Akkeren, Toles, Benedict, Soletski, Molepske Jr., Roys, Fields, Pasch,
A. Williams, Young, Dexter, Richards, Hilgenberg, Pope-Roberts, Black,
Garthwaite, Hixson, Berceau, Hintz, Smith, Turner, Vruwink, Cullen,
Clark, Steinbrink, Schneider, Hubler and Zepnick, cosponsored by Senators
Hansen, Robson, Lassa, Lehman, Miller, Vinehout, Taylor and Erpenbach.
Referred to Committee on Labor.
AB31,1,4
1An Act to create 20.445 (1) (gr), 111.397, 814.75 (28) and 893.995 of the statutes;
2relating to: authorizing the circuit court to order a person who engages in
3discrimination in employment to pay compensatory and punitive damages and
4a surcharge and making an appropriation.
Analysis by the Legislative Reference Bureau
Under the current fair employment law, if the Department of Workforce
Development (DWD) finds that a person has refused to hire an individual,
terminated an individual's employment, or discriminated against an individual in
promotion, in compensation, or in terms, conditions, or privileges of employment on
the basis of the individual's age, race, creed, color, disability, marital status, sex,
national origin, ancestry, arrest or conviction record, membership in the national
guard or military reserves, or use or nonuse of a lawful product during nonwork
hours, DWD may order the person to take such action as will effectuate the purpose
of the fair employment law. That action may include reinstating the employee,
providing back pay for not more than two years before the filing of the complaint, and
paying costs and attorney fees. Current law, however, does not authorize DWD to
order the payment of compensatory or punitive damages or any other surcharges or
penalties in a case of employment discrimination.
This bill permits a person who has been discriminated against or DWD to bring
an action in circuit court to recover damages caused by the act of discrimination.
Under the bill, if the circuit court finds that a defendant has committed an act of
discrimination, the circuit court must order the defendant to pay to the person
discriminated against compensatory and punitive damages in an amount that the
circuit court finds appropriate and to pay to the circuit court a surcharge equal to 10
percent of the amount of compensatory and punitive damages ordered. Surcharges
collected under the bill must be transmitted to the secretary of administration,
deposited into the general fund, and credited to an appropriation account of DWD,
which must use those surcharges for the administration of the fair employment law.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB31, s. 1
1Section
1. 20.445 (1) (gr) of the statutes is created to read:
AB31,2,42
20.445
(1) (gr)
Employment discrimination surcharges. All moneys received
3from surcharges collected under s. 111.397 (1), for the administration of subch. II of
4ch. 111.
AB31, s. 2
5Section
2. 111.397 of the statutes is created to read:
AB31,3,4
6111.397 Civil action. (1) A person discriminated against or the department
7may bring an action in circuit court against an employer, labor organization,
8employment agency, or licensing agency to recover damages caused by a violation of
9s. 111.321 after the completion of an administrative proceeding, including judicial
10review, concerning that violation. If the circuit court finds that a defendant has
11committed a violation of s. 111.321, the circuit court shall order the defendant to pay
12to the person discriminated against compensatory and punitive damages in an
13amount that the circuit court finds appropriate and to pay to the court a surcharge
14equal to 10 percent of the amount of compensatory and punitive damages ordered,
15except that if the circuit court orders any payment under this subsection because of
16a violation of s. 111.321 by an individual employed by an employer, the employer of
17that individual is liable for the payment. The clerk of circuit court shall collect and
18transmit the amount of any surcharge ordered under this subsection to the county
1treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to
2the secretary of administration under s. 59.25 (3) (f) 2. The secretary of
3administration shall deposit all moneys received under this subsection into the
4general fund to be credited to the appropriation account under s. 20.445 (1) (gr).
AB31,3,6
5(2) An action under sub. (1) shall be commenced within the later of the
6following periods, or be barred:
AB31,3,87
(a) Within 60 days after the completion of an administrative proceeding,
8including judicial review, concerning the violation.
AB31,3,109
(b) Within 2 years after the violation occurred, or the department or person
10discriminated against should have reasonably known that the violation occurred.
AB31, s. 3
11Section
3. 814.75 (28) of the statutes is created to read:
AB31,3,1212
814.75
(28) The employment discrimination surcharge under s. 111.397 (1).
AB31, s. 4
13Section
4. 893.995 of the statutes is created to read:
AB31,3,15
14893.995 Employment discrimination; civil remedies. Any civil action
15arising under s. 111.397 is subject to the limitations of s. 111.397 (2).
AB31,3,1917
(1)
Employment discrimination damages. The treatment of sections 111.397,
18814.75 (28), and 893.995 of the statutes first applies to acts of employment
19discrimination committed on the effective date of this subsection.
AB31,3,2221
(1)
This act takes effect on the day after publication, or on the 2nd day after
22publication of the 2009-11 biennial budget act, whichever is later.
