Unlike the Cost of Gas, the Cost of Employment Litigation Has Gone Down: Legislation Repeals Monetary Awards for Discrimination Cases in Wisconsin
Employers in Wisconsin, already faced with litigation costs to defend discrimination claims, will no longer be subject to paying compensatory and punitive damages to employees who prevail in their complaints under Wisconsin law. The recently passed Senate Bill 202 (SB 202) will restore the pre-July 2009 provisions of the Wisconsin Fair Employment Act (WFEA) and limit remedies to back pay, reinstatement or front pay, interest, costs and attorney fees.
New Wisconsin Law on Restraint and Seclusion of Pupils in Public Schools
A measure that provides specific guidance on the use of seclusion and physical restraint of pupils in Wisconsin’s public schools has been signed into law by Wisconsin Governor Scott Walker. Under the new law, which takes effect on September 1, 2012, the use of seclusion or physical restraint is prohibited, unless the child’s behavior presents a “clear, present, and imminent risk to the physical safety of the pupil or others.†In addition, such measures must represent the “least restrictive†intervention and may last only as long as reasonably necessary to resolve the problem.
Wisconsin Legislature Passes Bill Curbing Damages under Anti-Discrimination Law
A bill has been passed by both houses of the Wisconsin legislature that would repeal the right of successful complainants to receive an award of compensatory and punitive damages in circuit court under the Wisconsin Fair Employment Act. Senate Bill 202, introduced September 27, 2011, was passed by the Senate on November 3, 2011, on a straight party-line vote of 17-16. The bill was passed by the Assembly on February 21, 2012, by a vote of 60-35. Wisconsin Governor Scott Walker is expected to sign the bill.
Legislation Eliminates Compensatory and Punitive Damages Under the Wisconsin Fair Employment Act
On February 21, 2012, the Wisconsin Assembly passed legislation that would eliminate compensatory and punitive damage awards as potential remedies for violations of the Wisconsin Fair Employment Act (WFEA). The bill passed the Senate in November 2011 and is expected to be signed by Republican Governor Scott Walker. The law would repeal 2009 legislation, which provided for compensatory and punitive damages under a capped scheme similar to Title VII.
Wisconsin Supreme Court Narrows Scope of Workers’ Compensation Refusal to Rehire Statute
The Wisconsin Supreme Court recently had the opportunity to review the scope of the workers’ compensation refusal to rehire statute [Wis. Stat. §102.35(3)]. The statute prohibits employers from refusing to rehire employees who have suffered on-the-job injuries.
Wisconsin Supreme Court Narrows Scope of Workers’ Compensation Refusal to Rehire Statute
The Wisconsin Supreme Court recently had the opportunity to review the scope of the workers’ compensation refusal to rehire statute [Wis. Stat. §102.35(3)]. The statute prohibits employers from refusing to rehire employees who have suffered on-the-job injuries. The entire provision states
Wisconsin Employment Law Watch: Legislature Considers Making “Credit History†a Protected Class
A bill has been introduced in the Wisconsin Assembly that would add “credit history†to the list of classes protected from discrimination under the Wisconsin Fair Employment Act. Assembly Bill 350 was introduced on October 31, 2011. This development follows the introduction of a bill addressing arrest and conviction record discrimination in Wisconsin. (See our article, Wisconsin Employment Law Watch: Legislature to Consider Conviction Record Discrimination Bill.)
Wisconsin Employment Law Watch: Legislature Weighs Curbing Damages under Anti-Discrimination Law
A bill has been introduced in the Wisconsin Assembly that would repeal the right of successful complainants to receive an award of compensatory and punitive damages in circuit court under the Wisconsin Fair Employment Act. Assembly Bill 289 was introduced on September 29, 2011.
Wisconsin Employment Law Watch: Legislature to Consider Conviction Record Discrimination Bill
A new bill arguably aimed at making life easier for employers dealing with employees’ conviction records has been introduced in Wisconsin’s Assembly. Assembly Bill 286, which made its appearance on September 29, 2011, would ease the oft-confounding “substantially related†standard for felony convictions. The current law limits employers’ ability to deny employment or terminate from employment only where the ex-offender’s felony conviction is deemed relevant in substantial measure to the position being sought or, in the case of an existing employee, to the current position held.
Now You See It Now You Don't: Wisconsin's Concealed Carry Law
SB 93 The Personal Protection Act
On July 8, 2011, Governor Walker signed a bill that makes Wisconsin the 49th state in which an individual would be permitted to carry a concealed weapon. Illinois is the only remaining state that prohibits concealed carry. The bill would also allow people to carry loaded, uncased guns in their cars. Licensing and training would be required.
Employer Restrictions
In a counter-intuitive twist, employers can only be held liable for weapons-related incidents occurring in the workplace if they exercise their right to prohibit employees from carrying concealed weapons. If they allow concealed weapons in the workplace, the new law provides employers with immunity. Specifically, the act provides:
(15m) EMPLOYER RESTRICTIONS. (a) Except as provided in par. (b), an employer may prohibit a licensee or an out-of-state licensee that it employs from carrying a concealed weapon or a particular type of concealed weapon in the course of the licensee's or out-of-state licensee's employment or during any part of the licensee's or out-of-state licensee's course of employment.
(b) An employer may not prohibit a licensee or an out-of-state licensee, as a condition of employment, from carrying a concealed weapon, a particular type of concealed weapon, or ammunition or from storing a weapon, a particular type of weapon, or ammunition in the licensee's or out-of-state licensee's own motor vehicle, regardless of whether the motor vehicle is used in the course of employment or whether the motor vehicle is driven or parked on property used by the employer.
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(21) IMMUNITY. (c) An employer that does not prohibit one or more employees from carrying a concealed weapon under sub. (15m) is immune from any liability arising from its decision.
The law will take effect on November 1, 2011.
For guidance on these and other employment or labor law issues, contact Krukowski & Costello, S.C.'s educational services department at (414) 988-8400.
