Wisconsin workers have the right to be judged on their capabilities and performance, not on any of their inherent characteristics. If they are subject to any form of discrimination, they can lodge a complaint about it.
However, it can often be confusing as to what constitutes discrimination and how to move forward with a complaint. Since people might not immediately recognize when they have been discriminated against or understand federal and state laws shielding them, these cases can be confusing. Therefore, it is important to be prepared.
Understanding the law and filing a complaint
According to state law, Wisconsin’s Fair Employment Act protects workers and prospective workers from discrimination due to disability, gender, national origin, creed, marital status, color, race, age, ancestry or sexual orientation. All employers are subject to this law. It does not matter whether it is a large corporation or a small store.
There is some nuance for people who have been convicted of a crime. An employer does have the right to refuse employment to a person if they have been convicted of a crime and it is somehow connected to the job.
Not every employment action violates the law. When a person believes they were discriminated against, they should know the process for filing a complaint. The case will be assessed on its merits.
An example of discrimination would be failing to promote a worker because of their age. Increasingly, older people are perceived as being unable to adapt to changing workplaces. If they are not granted a promotion they sought and are qualified for and the only reason is their age, then this might meet the criteria for age discrimination.
Other ways in which employees can be discriminated against include not paying them the same as other workers doing the same job, failing to promote them, picking and choosing who gets job assignments based on reasons other than ability, training programs, demotions, terminations, layoffs, and more.
It is also a violation of the law to retaliate against an employee who exercised their legal rights. If a person wants to use Family and Medical Leave Act, the employer cannot try to dissuade or intimidate them into not doing so.
Harassment falls into the category of employment law violations. Since sexual harassment is so prominently discussed nowadays, people might focus on it. But there are other forms of harassment such as bullying, physical and emotional harassment.
The complaint will be investigated by the state Equal Rights Division. It can take time for the investigation to be completed. With that, people might want to think about settlement options, if available.
Employers are often willing to negotiate a settlement to avoid a drawn-out claim and the problems that accompany it. Workers can accept a settlement they believe is fair and move on with their lives.
Professional help
When an employer is found to have violated the worker’s rights, they could be ordered to reinstate them, give back pay, provide benefits that were lost, pay damages and legal fees. It is vital to accrue evidence to prove what happened and to know the necessary steps to filing a claim. Contacting employment law professionals at Alan C. Olson & Associates can provide information and guidance with pursuing a case.
