Wisconsin Assembly Bill AB537

Wisconsin 2023-2024 Regular Session

• Introduced: 10/18/23
• Refer: 10/18/23
• Failed: 4/15/24

Caption

Actions in circuit court alleging discrimination in employment, unfair honesty testing, or unfair genetic testing. (FE)

Impact

If enacted, the bill will significantly alter existing legal frameworks regarding employment discrimination lawsuits. Currently, individuals have to initiate complaints with the DWD, which may lead to administrative hearings. The new provisions will provide individuals with the right to sue directly in circuit court within 300 days of the alleged event, thereby potentially expediting their access to justice. However, the bill does impose caps on damages that can be awarded based on the number of employees an employer has, introducing a structured limitation on potential financial recovery for plaintiffs.

Summary

Assembly Bill 537 aims to amend current fair employment laws in Wisconsin to allow individuals claiming discrimination, unfair honesty testing, or unfair genetic testing more direct access to legal remedies. The bill proposes that individuals subjected to such violations can bring civil actions in circuit court instead of solely relying on an administrative complaint through the Department of Workforce Development (DWD). This modification opens an additional avenue for justice and recovery, particularly by allowing for the pursuit of compensatory and punitive damages.

Contention

The introduction of this bill is expected to stir debate among various stakeholder groups. Proponents, likely including advocates for workers’ rights, argue that providing a direct pathway to civil court allows for a more efficient and less bureaucratic process for addressing grievances related to unfair employment practices. On the other hand, critics may raise concerns regarding the implications of such legislative changes on employers, particularly smaller businesses that may face higher liabilities from potential lawsuits. Balancing the rights of employees with the operational realities for employers will be a key point of contention during discussions surrounding the bill.