Workplace Discrimination
Attorney in Milwaukee

Types of Employment Discrimination in Wisconsin

Age Discrimination in the Workplace

Both state and federal law prohibit employment actions based on age, where the employee is 40 years-old or older.  Prohibited actions include discipline, demotion, termination, harassment, lower wages, layoffs, benefits, job assignments, training, among other such actions.

The Older Workers Benefits Protection Act, a federal law also designed to protect older workers, establishes certain requirements for separation agreements and severance agreements issued to older workers, among other objectives.

If you are experiencing age discrimination in your workplace, contact the attorneys at Kuhn Law who can assist you in addressing the discrimination during your employment, and explain your options for responding to a discriminatory employment termination.

Criminal Background Discrimination

In Wisconsin, the Wisconsin Fair Employment Act prohibits employers from discriminating against employees or potential employees because of their arrest and/or conviction records where the offense(s) at issue bear no substantial relationship to the employee’s job.

Perhaps unsurprisingly, the issues surrounding an employer’s response to its employee’s arrest and/or conviction, can be tricky.  It is often in the employee’s best interest to consult with skilled attorneys who can assist the employee in evaluating the employer’s response and addressing it if need be.

Disability Discrimination

Both federal and state law prohibit discrimination in employment against disabled individuals.  Such discrimination includes disability-based decisions with respect to hiring, promotions, pay and benefits, opportunities, access, training, discipline and/or termination of employment.  Such state and federal laws also require employers to provide qualified individuals with reasonable accommodation(s) that will allow the individual to perform their job or the job they seek.  Finally, employers are prohibited from creating and/or maintaining a hostile work environment based on an individual’s disability.  Such a work environment may include persistent and/or severe instances of name-calling or other derogatory comments and/or conduct, or other unwelcome behavior.  Whether you are experiencing different treatment because of your disability, seek and/or are being denied an accommodation, or believe you are working in a hostile work environment, the attorneys at Kuhn Law can assist you to effectively assess your circumstances and develop and implement a plan for addressing them.

FMLA Discrimination and Violations

Both the Family and Medical Leave Act (a federal law) and Wisconsin Family and Medical Leave Act (a state law) require employers to provide qualified employees with specified amount(s) of time off for serious medical condition(s).  A serious medical condition need not rise to the level of a “disability” to qualify under medical leave laws and include such conditions as pregnancy, illnesses, injuries, and other conditions requiring inpatient or continuing care from a medical provider.

Under both the state and federal law, FMLA leave is unpaid.  Your employer may have other policies or programs that allow you to maintain some measure of income during your time off, however.

These laws are designed to permit employees to take time off work to address their health needs or the health needs of immediate family members without fear of losing their jobs.  Leave may be taken all at once or intermittently.

If you seek FMLA leave, have questions concerning whether and/or how to use it, believe your employer has wrongly denied you such leave, or are experiencing retaliation because you utilized FMLA leave, do not hesitate to contact our attorneys with your questions or concerns.

Gender Discrimination

State and federal laws prohibit employers from discriminating against employees based on the employee’s gender.  Workplace gender discrimination refers to treating an employee unfairly or unequally based on his or her sex, gender identity, or gender expression. This can include issues like unequal pay, denial of promotions, or a hostile work environment due to gender.

Sexual Orientation Discrimination

Both state and federal law prohibit workplace discrimination against employees based on their sexual orientation.  Such discrimination occurs when an employee is treated unfairly or differently because of their actual or perceived sexual orientation, including being gay, lesbian, bisexual, or heterosexual. This can manifest in various ways, such as being denied opportunities like promotions or training, experiencing harassment, or receiving unfair treatment in other employment decisions.

Pregnancy Discrimination

Multiple federal and state laws protect pregnant employees from employment discrimination.  These include the Wisconsin Fair Employment Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (and its state-law counterpart), the Pregnant Workers Fairness Act, among potentially others.  Generally speaking, these laws prohibit employers from treating pregnant employees differently because they are pregnant with regard to wages, benefits, discipline, termination, hiring and other employment decisions.  They also require employers to provide pregnant employees with reasonable accommodations that will allow them to perform the essential functions of their job, protected leave from work due to their pregnancy or their partner’s pregnancy, among other such benefits.

Mothers who are nursing are also entitled to “reasonable break time” and private, non-bathroom areas, shielded from view and free from coworker intrusion to express breast milk during the workday.

Racial Discrimination

State and federal laws explicitly prohibit workplace discrimination because of an employee’s race.  Such discrimination involves treating an employee differently because of his/her race, including with regard to pay, benefits, access, discipline, hiring, termination and/or other employment benefits and decisions.  These laws also prohibit employers from creating or maintaining a racially hostile work environment, which are work environments tinged with racial comments and/or communications, race-based conduct and other behaviors based on race that have the effect of intimidating or offending others.

Workplace Retaliation

Although most forms of workplace retaliation against employees are not prohibited by law, certain retaliatory conduct is prohibited.  Whether specific retaliatory conduct is legally prohibited most frequently comes down to whether the underlying conduct is or was “protected activity.”  In other words, whether the activity causing the retaliatory response legally protected from retaliation will often determine whether an employee experiencing retaliation has a cause of action.  If you are experiencing retaliation at work, call the attorneys at Kuhn Law for a thorough evaluation of your circumstances and overview of the legal options available to you.