Senators propose eliminating some damages in employment discrimination cases

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Some Wisconsin legislators are working to end compensatory and punitive damages in employment discrimination cases.

Seven senators introduced Senate Bill 202 on Tuesday, which would eliminate awarding compensatory and punitive damages to people discriminated against in the workplace or subjected to unfair honesty or genetic testing.

The proposal would repeal the law signed by Gov. Jim Doyle in 2009 that created a range of compensatory and punitive awards for discrimination cases.

Those include: $50,000 for defendants with 100 or fewer employees; $100,000 for defendants with 101 to 200 employees; $200,000 for defendants with 201 to 500 employees; and $300,000 for defendants with more than 500 employees.

The law would still allow individuals that file a complaint with the Department of Workforce Development to seek reinstatement, back pay and attorneys’ fees.

Currently, Wisconsin and federal laws regarding discrimination awards are the same in cases involving sex, race, color or age.

Milwaukee labor and employment attorney Brad Backer said, if adopted, the change will likely prompt more cases to be filed in federal court, which would allow for greater recovery than in Wisconsin.

“Many employee-side lawyers have been inclined to turn to DWD to bring their allegations, given the current parallel structure of federal and Wisconsin remedies,” Becker said. “If this bill becomes law, there would be a reversal.”