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Wisconsin

Regulatory Strength: ‏‏ Moderate ‏
Effective as of May 12th, 2010

Protected groups:

  • Gender, Race, and Ethnicity
    • Refer to the law for a complete list of the 16 protected groups

Applicable to:

  • Private and public companies*
  • May cover state and local government employees*

HR practices:

  • Employer cannot retaliate against employees who file a complaint or testify regarding pay discrimination
  • Pay Analysis Groups are defined differently than the Federal “Similarly Situated” standard

Defenses/Rebuttals:

  • Law narrows the reasons employers can use to justify pay differences (e.g., factors must be job-related)

Remedies:

  • Back pay:
    • Full back pay awarded
    • Up to two (2) years of back pay may be awarded
  • Employer is liable for plaintiff attorney fees

Please click HERE for access to Wis. Stat. § 111.322, Prohibited Bases of Discrimination.
*see law for specific inclusions/exclusions

Last revised 08/23/2019

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