reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to implement the provisions of
				  ss.
				  16.009(5)
				  (d),
				  46.90(4)
				  (b),
				  50.07(3)
				  (b),
				  106.56,
				  111.31 to
				  111.395,
				  146.997,
				  and
				  321.65(7)
				  (b), Stats. Sections
				  111.31 to
				  111.395, Stats.,
				  prohibit employment discrimination, unfair honesty testing, and unfair genetic
				  testing. Section
				  16.009(5),
				  Stats., prohibits retaliation for reports to the Board on Aging and Long Term
				  Care. Section
				  46.90(4)
				  (b), Stats., prohibits retaliation for
				  reporting the abuse of an elderly person to a state or county agency. Section
				  50.07(3)
				  (b), Stats., prohibits retaliation for
				  reports of abuse in care and service residential facilities. Section
				  146.997,
				  Stats., prohibits retaliation against health care workers who report certain
				  information about a health care facility or health care provider. Section
				  321.65(7)
				  (b), Stats., provides reemployment rights
				  after national guard, state defense force, or public health emergency service.
				  Section
				  106.56,
				  Stats., prohibits discrimination on the basis of physical condition or
				  developmental disability in post-secondary education. The goal of this chapter
				  is to provide a constructive, impartial and speedy procedure for resolving
				  disputes arising under these laws.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.02 - Definitions

Current through June 24, 2024
When used in this chapter or in the Wisconsin fair employment
				  act:
(1) "Act" means the Wisconsin
				fair employment act, ss.
				111.31 to
				111.395,
				Stats.
(2) "Administrative law
				judge" means the examiner appointed to conduct hearings under the
				act.
(2m) "Agency" means an office,
				department, independent agency, authority, institution, association, society or
				other body in state government created or authorized to be created by the
				constitution or any law, including the legislature and the courts.
(3) "Complainant" means the person who files
				a complaint alleging that an action prohibited by the act has been
				committed.
(4) "Day", when used in
				time computations in this chapter, means a calendar day, except that if the
				last day of the time period is a Saturday, Sunday or legal holiday, the last
				day shall be the next business day.
(5) "Division" means the equal rights
				division of the department of workforce development.
(6) "Filing" means the physical receipt of a
				document.
(7) "Person" includes,
				but is not limited to, one or more individuals, partnerships, associations,
				corporations, joint stock companies, trusts, unincorporated organizations,
				trustees, or trustees or receivers in bankruptcy.
(8) "Probable cause" means a reasonable
				ground for belief, supported by facts and circumstances strong enough in
				themselves to warrant a prudent person to believe, that a violation of the act
				probably has been or is being committed.
(9) "Respondent" means the person or agency
				alleged to have committed an action prohibited by the act.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.03 - Complaints

Current through June 24, 2024
(1) WHO MAY FILE COMPLAINTS. A complaint may
				be filed by any person or by the person's duly authorized representative. A
				complaint filed by a representative shall state that the representative is
				authorized to file the complaint.
(2) WHERE TO FILE COMPLAINTS.
(a) A complaint may be filed in person with
				any division office, or it may be mailed or sent by facsimile transmission to
				one of the following division offices:
1.
				Equal Rights Division, 201 East Washington Avenue, Madison, Wisconsin 53702.
				Facsimile number: 608-267-4592.
2.
				Equal Rights Division, 819 North Sixth Street, Milwaukee, Wisconsin 53203.
				Facsimile number: 414-227-4084.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.04 - Notification of respondent

Current through June 24, 2024
(1) WHEN NOTICE IS
				TO BE SENT. Except where prevented by the anonymity requirement of s.
				111.375(1),
				Stats., the department shall serve a copy of a complaint which meets the
				requirements of s.
				DWD
				218.03 upon each respondent prior to the commencement
				of any investigation.
(2) CONTENT
				OF NOTICE. The notice shall include a copy of the complaint, which shall
				indicate on its face the date the complaint was filed. The notice shall direct
				the respondent to respond in writing to the allegations of the complaint within
				a time period specified by the department. The notice shall further state that,
				if the respondent fails to answer the complaint in writing, the department may
				make an initial determination as to whether an act of employment
				discrimination, unfair honesty testing or unfair genetic testing has occurred
				based only on the department's investigation and the information supplied by
				the complainant.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.05 - Preliminary review of complaints

Current through June 24, 2024
(1) REVIEW OF
				COMPLAINT. The department shall review every complaint filed to determine all
				of the following:
(a) Whether the complainant
				is protected by the act.
(b)
				Whether the respondent is subject to the act.
(c) Whether the complaint states a claim for
				relief under the act.
(d) Whether
				the complaint was filed within the time period set forth in the act, if that
				issue is raised in writing by the respondent.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.06 - Investigations

Current through June 24, 2024
(1) CONDUCT OF INVESTIGATION. Except as
				provided under sub. (3), the department shall investigate all complaints that
				satisfy the review under s.
				DWD
				218.05(1). In conducting
				investigations under this chapter, the department may seek the cooperation of
				all persons to provide requested materials to the department; to obtain access
				to premises, records, documents, individuals, and other possible sources of
				information; to examine, record, and copy necessary materials; and to take
				statements of persons reasonably necessary for the furtherance of the
				investigation. The department may subpoena persons or documents for the purpose
				of the investigation. Subpoenas may be enforced pursuant to s.
				885.11,
				Stats.
(2) ADVISING COMPLAINANT TO
				AMEND COMPLAINT. If, during an investigation, it appears that the respondent
				has engaged in discrimination against the complainant which is not alleged in
				the complaint, the department may advise the complainant that the complaint
				should be amended.
(3) DISMISSAL OF
				COMPLAINT PRIOR TO COMPLETION OF INVESTIGATION.
(a) The department may dismiss a complaint
				prior to completion of an investigation under the following circumstances:
1. The complainant has failed to respond to
				correspondence from the department concerning the complaint within 20 days
				after the correspondence was sent by certified mail to the last-known address
				of the person filing the complaint, in accordance with the provisions of s.
				111.39(3),
				Stats.
2. The complainant signed a
				valid waiver and release of claims arising out of the complainant's employment
				with the respondent that would preclude the department from finding that the
				respondent has violated the act.
3.
				The allegations in the complaint have been previously dismissed by the
				department or by a state or federal court.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.07 - Initial determination

Current through June 24, 2024
(1) GENERAL. At the conclusion of the
				investigation, the department shall issue a written initial determination which
				shall state whether or not there is probable cause to believe that an act of
				employment discrimination, unfair honesty testing or unfair genetic testing
				occurred as alleged in the complaint. This initial determination shall set
				forth the facts upon which its conclusion is based and shall be served upon the
				parties.
(2) INITIAL DETERMINATION
				OF PROBABLE CAUSE. If the department initially determines that there is
				probable cause to believe that any discrimination, unfair honesty testing or
				unfair genetic testing occurred as alleged in the complaint, it shall certify
				the case to hearing. A hearing on the merits shall thereafter be noticed and
				conducted in accordance with the provisions of ss.
				DWD 218.11 to
				218.20.
(3) INITIAL DETERMINATION OF NO PROBABLE
				CAUSE. If the department initially determines that there is no probable cause
				to believe that employment discrimination, unfair honesty testing or unfair
				genetic testing occurred as alleged in the complaint, it may dismiss those
				allegations. The department shall, by a notice to be incorporated in the
				initial determination, notify the parties and their attorneys of record of the
				complainant's right to appeal as provided in s.
				DWD
				218.08.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.08 - Appeal of initial determination of no probable cause

Current through June 24, 2024
(1) WHEN FILED.
				Within 30 days after the date of an initial determination finding that there is
				no probable cause, a complainant may file a written request for a hearing on
				the issue of probable cause. The request for hearing shall state specifically
				the grounds upon which the appeal is based. The department shall notify the
				respondent that an appeal has been filed within 10 days of receiving the
				appeal.
(2) DISMISSAL FINAL IF NO
				APPEAL FILED. If no timely written request for a hearing is filed, the initial
				determination's order of dismissal shall be the final determination of the
				department.
(3) CERTIFICATION TO
				HEARING ON ISSUE OF PROBABLE CAUSE; RIGHT TO STIPULATE THAT CASE BE DECIDED ON
				MERITS. If a timely appeal is filed, the division shall issue a notice
				certifying the matter to hearing. A hearing on the issue of probable cause
				shall be noticed and conducted in accordance with the provisions of ss.
				DWD 218.11 and
				218.13 to
				218.20, except that the parties may
				stipulate prior to the hearing that the administrative law judge may decide the
				case on the merits. If a hearing on the issue of probable cause is requested in
				a case in which the initial determination also found probable cause with
				respect to one or more issues the department may, with the consent of the
				parties, consolidate the hearing on probable cause and the hearing on the
				merits.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.09 - Private settlement and conciliation

Current through June 24, 2024
The parties may enter into an agreement to settle the
				  complaint at any time during the proceedings, with or without assistance by the
				  department. The department may assist the parties to reach a settlement
				  agreement. The parties shall notify the department immediately upon reaching a
				  settlement.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.10 - Dismissal of complaint for lack of jurisdiction or other procedural basis following certification to hearing

Current through June 24, 2024
A complaint may be dismissed based upon the conditions set
				  forth in s.
				  DWD
				  218.05(1) or for any other procedural
				  basis after the case is certified to hearing under either s.
				  DWD
				  218.07(2) or
				  218.08(3). In
				  determining whether to dismiss the complaint, the administrative law judge may
				  consider documents and affidavits presented by any party and may hold a hearing
				  to allow the parties to establish facts which may have a bearing on whether the
				  complaint should be dismissed. If the administrative law judge issues an order
				  dismissing the complaint under this section, a certified copy of the order and
				  a notice of appeal rights shall be sent by first class mail to the last known
				  address of each party and to their attorneys of record.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.11 - Notice of hearing

Current through June 24, 2024
(1) CONTENT. In any matter which has been
				certified to hearing following an initial determination of probable cause under
				s.
				DWD
				218.07(2) or an appeal of an initial
				determination of no probable cause under s.
				DWD
				218.08(3), the department shall
				advise the parties and their representatives and attorneys of record in writing
				by first-class mail, of the specific time, date and place established for the
				hearing. The notice of hearing shall fully identify the parties and the case
				number. It shall specify a time and date for hearing not less than 30 days
				after the date of mailing of the notice of hearing. The notice of hearing shall
				specify the nature of the act of employment discrimination, unfair honesty
				testing, or unfair genetic testing which is alleged to have occurred and shall
				state the legal authority on which the hearing is based. A copy of the
				complaint shall be attached to the notice of hearing.
(2) PLACE OF HEARING. The hearing shall be
				held in the county where the alleged act of discrimination occurred, or at
				another location with the consent of the parties. For purposes of this
				subsection, the county where the alleged act of discrimination occurred is the
				county where the respondent resides or where the alleged discrimination, unfair
				honesty testing or unfair genetic testing occurred.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.12 - Answer

Current through June 24, 2024
(1) WHEN REQUIRED. Within 21 days after the
				date of a notice of hearing on the merits, each respondent shall file with the
				hearing section of the division an answer to the allegations of the complaint
				upon which there is a finding of probable cause, along with a certification
				that a copy of the answer has been mailed to all other parties.
(2) CONTENT OF ANSWER. The answer shall
				contain the respondent's current address. It shall also contain a specific
				admission, denial or explanation of each allegation of the complaint. If the
				respondent is without knowledge or information sufficient to form a belief as
				to the truth of an allegation, the respondent shall so state and this shall
				have the effect of a denial. Admissions or denials may be to all or part of an
				allegation, but shall fairly meet the substance of the allegation. Any
				affirmative defense relied upon, including the statute of limitations, shall be
				raised in the answer unless it has previously been raised by a motion in
				writing. Failure to raise an affirmative defense in the answer may, in the
				absence of good cause, be held to constitute a waiver of such a
				defense.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.13 - Pre-hearing conference

Current through June 24, 2024
In any case which has been certified to hearing, a
				  pre-hearing conference may be held in accordance with the provisions of s.
				  227.44(4),
				  Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.14 - Pre-hearing discovery

Current through June 24, 2024
(1) WHEN DISCOVERY MAY BEGIN. Discovery may
				not be used prior to the time that a matter is certified to hearing, except
				that the taking and preservation of evidence shall be permitted prior to
				certification to hearing under the circumstances set forth in s.
				227.45(7),
				Stats.
(2) DISCOVERY DIRECTED TO A
				PARTY NOT REPRESENTED BY LEGAL COUNSEL. In the case of discovery directed to a
				party who is not represented by legal counsel, the party seeking that discovery
				shall, not less than 10 days prior to conducting such discovery, state in
				writing that it intends to seek discovery. The party seeking discovery shall
				send this notice to the party who is not represented by legal counsel and to
				either the chief of the hearing section or the administrative law judge, if one
				has been assigned to the case. All copies of demands for discovery and notices
				of depositions shall be filed with the department at the time they are served
				upon the party from whom the discovery is sought. Copies of responses to
				discovery by an unrepresented party and the original transcript of any
				deposition of an unrepresented party shall be filed with the department by the
				party which instituted those discovery requests as soon as practicable after
				the discovery has been taken.
(3)
				SCOPE, METHOD AND USE OF DISCOVERY. The scope of discovery, the methods of
				discovery and the use of discovery at hearing shall be the same as set forth in
				ch. 804, Stats.
(4) FAILURE TO
				COMPLY WITH DISCOVERY REQUESTS; DUTY TO CONSULT WITH OPPOSING PARTY. The
				administrative law judge may compel discovery, issue protective orders, and
				impose sanctions in the manner provided under ch. 804, Stats. All motions to
				compel discovery or motions for protective orders shall be accompanied by a
				statement in writing by the party making the motion that, after consultation in
				person or by telephone with the opposing party and sincere attempts to resolve
				their differences, the parties are unable to reach agreement. The statement
				shall state the date and place of such consultation and the names of all
				parties participating in the consultation.
(5) FILING WITH DEPARTMENT. Copies of
				discovery requests and responses to discovery requests need not be filed with
				the division, except as required under sub. (2).
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.15 - Subpoenas and motions

Current through June 24, 2024
(1) SUBPOENAS. The department or a party's
				attorney of record may issue a subpoena to compel the attendance of a witness
				or the production of documents. A subpoena issued by an attorney shall be in
				substantially the same form as provided in s.
				805.07(4),
				Stats., and shall be served in the manner provided in s.
				805.07(5),
				Stats. Witnesses summoned by a subpoena who are not employees of the civil
				service as defined in s.
				230.03(6),
				Stats., shall be entitled to the witness and mileage fees set forth in s.
				814.67(1) (a)
				and (c), Stats. The cost of service, witness,
				and mileage fees shall be paid by the person issuing the subpoena. Subpoenas
				may be enforced pursuant to s.
				885.11,
				Stats.
(2) MOTIONS. Motions made
				during a hearing may be stated orally and shall, with the ruling of the
				administrative law judge, be included in the record of the hearing. All other
				motions shall be in writing and shall state briefly the relief requested and
				the grounds upon which the moving party is entitled to relief. All written
				motions shall be filed with the administrative law judge assigned to the case.
				Any briefs or other papers in support of a motion, including affidavits and
				documentary evidence, shall be filed with the motion. Any party opposing the
				motion may file a written response. All written motions shall be decided
				without further argument unless requested by the administrative law
				judge.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.16 - Disqualification of the administrative law judge

Current through June 24, 2024
Upon the administrative law judge's own motion, or upon a
				  timely and sufficient affidavit filed by any party, the administrative law
				  judge shall determine whether to disqualify himself or herself because of
				  personal bias or other reason. The administrative law judge's determination
				  shall be made a part of the record and decision in the case.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.17 - Exchange of names of witnesses and copies of exhibits

Current through June 24, 2024
By no later than the tenth day prior to the day of hearing,
				  the parties shall file with the division and serve upon all other parties a
				  written list of the names of witnesses and copies of the exhibits that the
				  parties intend to use at the hearing. For the purpose of this section, service
				  is complete on mailing rather than on receipt. The administrative law judge may
				  exclude witnesses and exhibits not identified in a timely fashion pursuant to
				  this section. This section does not apply to witnesses and exhibits offered in
				  rebuttal which the party could not reasonably have anticipated using prior to
				  the hearing.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.18 - Hearings

Current through June 24, 2024
(1) PROCEDURE. Hearings shall be conducted in
				conformity with the act and the provisions of ch. 227, Stats.
(2) POSTPONEMENTS AND CONTINUANCES. All
				requests for postponements shall be filed with the administrative law judge
				within 10 days after the notice of hearing, except where emergency
				circumstances arise after the notice is issued but prior to the hearing. The
				party requesting a postponement shall mail a copy of the request to all other
				parties at the time the request is filed with the division. Postponements and
				continuances may be granted only for good cause shown and shall not be granted
				solely for the convenience of the parties or their attorneys.
(3) APPEARANCE OF PARTIES. Parties may appear
				at the hearing in person and by counsel or other representative.
(4) FAILURE TO APPEAR AT HEARING. If the
				complainant fails to appear at the hearing, either in person or by a
				representative authorized to proceed on behalf of the complainant, the
				administrative law judge shall dismiss the complaint. If the respondent fails
				to appear at the hearing, the hearing shall proceed as scheduled. If, within 10
				days after the date of hearing, any party who failed to appear shows good cause
				in writing for the failure to appear, the administrative law judge may reopen
				the hearing.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.19 - Record of hearing

Current through June 24, 2024
(1) METHOD OF RECORDING HEARING. A
				stenographic, electronic, or other record of oral proceedings shall be made at
				all hearings conducted under this chapter. Any party wishing to have a court
				reporter present to transcribe the proceedings shall be permitted to do so at
				their own expense. If the hearing is recorded on tape or digitally, the
				original recording shall remain in the division for 5 years following the
				hearing, after which it may be discarded.
(2) REQUIREMENTS FOR PREPARATION OF
				TRANSCRIPTS. Any party may file a transcript of the hearing with the division.
				The transcript shall be prepared by an independent, reputable court reporter or
				transcriptionist. The transcript shall include a certification by the
				transcriptionist that it is an original, verbatim, transcript of the
				proceedings.
(3) COST FOR
				TRANSCRIPTION OF RECORD. Transcription of the record for purposes other than
				judicial review shall be at the expense of any party who requests the
				transcription. For the purpose of judicial review, the department shall prepare
				at its own expense and provide to the court a transcript of the record, unless
				a transcript has already been prepared at the expense of the parties. If a
				transcript has been provided to the court for the purpose of judicial review,
				the department shall provide a copy of the transcript at no cost to any party
				that submits a sworn affidavit of indigency and the inability to obtain funds
				to pay for a transcript.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.20 - Decision and order

Current through June 24, 2024
(1) GENERAL. After the close of the hearing,
				including any briefs which may be allowed by the administrative law judge, the
				administrative law judge shall prepare a formal written decision which shall
				include findings of fact, conclusions of law and an order, and which may be
				accompanied by an opinion.
(2)
				DECISION AND ORDER AFTER HEARING ON THE ISSUE OF PROBABLE CAUSE. After a
				hearing on the issue of probable cause, the administrative law judge shall
				issue a decision and order which dismisses the allegations of the complaint or
				which orders that the case be certified for a hearing on the merits of the
				complaint, depending upon the administrative law judge's findings and
				conclusions on the issue of probable cause. If the decision of the
				administrative law judge determines that no probable cause exists, a certified
				copy of the decision and order and a notice of appeal rights shall be sent by
				first class mail to the last known address of each party and to their attorneys
				of record. A decision and order finding no probable cause may be appealed to
				the labor and industry review commission if it is a final decision and order as
				defined in s.
				DWD
				218.21(1).
(3) DECISION AND ORDER AFTER HEARING ON THE
				MERITS. After a hearing on the merits, the administrative law judge shall issue
				a decision and an order which shall either dismiss the allegations of the
				complaint or shall order such action by the respondent as shall effectuate the
				purposes of the act, depending upon the administrative law judge's findings and
				conclusions on the merits of the complaint. A certified copy of the decision
				and order and a notice of appeal rights shall be sent by first class mail to
				the last known address of each party and to their attorneys of
				record.
(4) COMPUTATION OF
				INTEREST. Interest on any award made pursuant to this subchapter shall be added
				to that award and computed at an annual rate of 12% simple interest. Interest
				shall be computed by calendar quarter.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.21 - Petition for review by the labor and industry review commission

Current through June 24, 2024
(1) APPEALS
				LIMITED TO FINAL DECISIONS AND ORDERS. Any party may file a written petition
				for review of a final decision and order of the administrative law judge by the
				labor and industry review commission. Only final decisions and orders of the
				administrative law judge may be appealed. A final decision is one that disposes
				of the entire complaint and leaves no further proceedings on that complaint
				pending before the division.
(2)
				REQUIREMENTS FOR FILING PETITION FOR REVIEW. The petition for review shall be
				filed within 21 days after the date that a copy of the administrative law
				judge's decision and order is mailed to the last known addresses of the
				parties. The petition shall be filed with the division's Madison or Milwaukee
				office.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.22 - Pre-employment inquiries and employment records

Current through June 24, 2024
An employer subject to the act may make such pre-employment
				  inquiries and keep such employment records as will enable the employer to
				  determine statistically the age, race, color, creed, sex, national origin,
				  ancestry or marital status of applicants and employees. Pre-employment
				  inquiries and employment records which tend directly or indirectly to disclose
				  such information do not constitute unlawful discrimination per
				  se.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.23 - Posting requirement

Current through June 24, 2024
Every employer, employment agency, labor organization and
				  licensing agency subject to the act shall post in conspicuous places upon its
				  premises a poster prepared and made available by the department relating to the
				  provisions of the act and this chapter.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.24 - Pay status and witness fees for state employee parties and state employee witnesses

Current through June 24, 2024
(1) PAY STATUS OF STATE EMPLOYEE PARTIES.
				State civil service employees who, as parties, are interviewed as part of
				investigations or who appear at pre-hearing conferences, conciliation sessions,
				or hearings, whether held in person or via telephone, shall do so without loss
				of state salary and with reimbursement by the employing agency for travel
				expenses in accordance with the uniform travel schedule amounts established
				under s.
				20.916(8),
				Stats.
(2) PAY STATUS OF STATE
				EMPLOYEE WITNESSES. State civil service employees who are interviewed as part
				of investigations or who attend hearings as witnesses, whether held in person
				or via telephone, shall do so without loss of state salary and with
				reimbursement by the employing agency for travel expenses in accordance with
				the uniform travel schedule amounts established under s.
				20.916(8),
				Stats.
(3) WITNESS FEES FOR STATE
				CIVIL SERVICE EMPLOYEES. State civil service employees who attend hearings as
				witnesses shall be entitled only to that compensation specified in sub.
				(2).
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 218 - Fair employment › Section DWD 218.25 - Filing of documents by facsimile transmission or electronic mail

Current through June 24, 2024
(1)
				FILING OF DOCUMENTS BY FACSIMILE TRANSMISSION.
(a) Except where otherwise directed by the
				division, documents may be filed by facsimile transmission. Documents filed by
				facsimile transmission shall include a cover sheet setting forth all of the
				following information:
1. The name of the
				sender.
2. The individual to whom
				the transmission is directed, if that individual is known.
3. The number of pages being transmitted,
				including the cover sheet.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.03 - Housing for older persons; exemptions and exclusions

Current through June 24, 2024
(1) CERTIFICATION
				THAT HOUSING IS FOR OLDER PERSONS. Housing primarily intended and primarily
				operated for occupancy by at least one person 55 years of age or older per
				dwelling unit may qualify as housing for older persons entitled to the
				exemption under s.
				106.50(5m)
				(a) 1e, Stats., only if that housing actually
				satisfied all of the factors required for such housing by s.
				106.50(5m)
				(a) 1e, Stats., at the time that the alleged
				discriminatory housing practice occurred.
(2) EXEMPTIONS FROM OCCUPANCY REQUIREMENTS.
				Housing shall not fail to qualify for the exemptions and exclusions for housing
				for older persons set forth in s.
				106.50(5m) (a)
				1 and 1e. b., Stats., by reason of either of
				the following:
(a) The existence of
				unoccupied units, provided that such units are reserved for occupancy by
				persons 55 years of age or over.
(b) The occupancy of one or more units by
				bona fide employees of the housing (and family members renting in the same
				unit) who are under 55 years of age, provided that they perform substantial
				duties directly related to management or maintenance of the housing.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.04 - Complaints

Current through June 24, 2024
(1) WHO MAY FILE COMPLAINTS. A complaint may
				be filed by any person or by the person's duly authorized representative. A
				complaint filed by a representative shall state that the representative is
				authorized to file the complaint.
(2) PERSONS AGAINST WHOM COMPLAINTS MAY BE
				FILED. A complaint may be filed against any person alleged to be engaged or to
				have engaged in a discriminatory housing practice prohibited under the
				act.
(3) WHERE TO FILE COMPLAINTS.
(a) A complaint may be filed in person with
				any division office, or it may be mailed or sent by facsimile transmission to
				one of the following division offices:
1.
				Equal Rights Division, 201 East Washington Avenue, Madison, WI 53702. Facsimile
				number: 608-267-4592.
2. Equal
				Rights Division, 819 North 6th Street, Milwaukee, WI 53203. Facsimile number:
				414-227-4084.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.05 - Preliminary review of complaints

Current through June 24, 2024
(1) REVIEW OF
				COMPLAINT. The department shall review every complaint filed to determine all
				of the following:
(a) Whether the complainant
				is protected by the act.
(b)
				Whether the respondent is subject to the act.
(c) Whether the complaint states a claim for
				which relief can be granted under the act.
(d) Whether the complaint was timely
				filed.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.06 - Testing

Current through June 24, 2024
(1) CONDITIONS UNDER WHICH TESTING MAY BE
				DONE BY THE DEPARTMENT. The department may engage in testing for the purpose of
				establishing violations of s.
				106.50(2), (2m) or
				(2r), Stats. by verifying allegations of
				unlawful housing discrimination or to determine whether sufficient evidence
				exists to initiate its own complaint. Testing may occur under circumstances
				including but not limited to the following:
(a) Where no other means exits for verifying
				or refuting the allegations contained in a complaint, or where the findings of
				the investigator would be significantly strengthened by the inclusion of test
				results.
(b) Where the number or
				content of complaints against a specific respondent is sufficient to indicate
				that a pattern of unlawful discrimination may exist.
(c) Where demographic statistics would lead a
				reasonable person to believe that a pattern of unlawful discrimination exists
				in a particular geographical area.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.07 - Investigations

Current through June 24, 2024
(1) CONDUCT OF INVESTIGATION. Except as
				provided under sub. (2), the department shall investigate all complaints that
				satisfy the review under s.
				DWD
				220.05(1). In conducting
				investigations under this chapter, the department may seek the cooperation of
				all persons to provide requested materials to the department; to obtain access
				to premises, records, documents, individuals, and other possible sources of
				information; to examine, record, and copy necessary materials; and to take
				statements of persons reasonably necessary for the furtherance of the
				investigation. The department may subpoena persons or documents for the purpose
				of the investigation. Subpoenas may be enforced pursuant to s.
				885.11,
				Stats.
(2) DISMISSAL OF COMPLAINT
				PRIOR TO COMPLETION OF INVESTIGATION.
(a) The
				department may dismiss a complaint prior to completion of an investigation
				under the following circumstances:
1. The
				complainant has failed to respond to correspondence from the department
				concerning the complaint within 20 days after the correspondence was sent by
				certified mail to the last known address of the person filing the complaint, in
				accordance with the provisions of s.
				106.50(6)
				(a) 6, Stats.
2. The allegations in the complaint have been
				previously dismissed by the department or by a state or federal
				court.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.08 - Initial determinations

Current through June 24, 2024
(1) GENERAL. At the conclusion of the
				investigation, the department shall issue an initial determination which shall
				state whether or not there is probable cause to believe that housing
				discrimination occurred as alleged in the complaint. This initial determination
				shall set forth the facts upon which its conclusion is based.
(2) INITIAL DETERMINATION OF PROBABLE CAUSE.
				If the initial determination of the department is that probable cause exists,
				the department shall issue a charge under s.
				DWD
				220.11.
(3) INITIAL DETERMINATION OF NO PROBABLE
				CAUSE. If the initial determination of the department is that there is no
				probable cause to believe that housing discrimination occurred as alleged in
				the complaint, it shall dismiss the complaint. The department shall notify the
				parties and their attorneys of record of the complainant's right to appeal as
				provided in s.
				DWD
				220.09.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.09 - Appeal of initial determination of no probable cause

Current through June 24, 2024
(1) WHEN FILED.
				Within 20 days after the date of an initial determination finding that there is
				no probable cause, a complainant may file a written request for a hearing on
				the issue of probable cause. The department shall notify the respondent that an
				appeal has been filed within 10 days of receiving the appeal.
(2) DISMISSAL FINAL IF NO APPEAL FILED. If no
				timely written request for a hearing is filed, the initial determination's
				order of dismissal shall be the final determination of the
				department.
(3) CERTIFICATION TO
				HEARING ON ISSUE OF PROBABLE CAUSE; RIGHT TO STIPULATE THAT CASE MAY BE HEARD
				ON MERITS. If a timely appeal is filed, the division shall certify the matter
				to hearing. A hearing on the issue of probable cause shall be noticed and
				conducted in accordance with the provisions of ss.
				DWD 220.14 and
				220.16 to
				220.23, except that the parties may
				stipulate prior to the hearing that the administrative law judge may decide the
				case on the merits.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.10 - Conciliation

Current through June 24, 2024
(1) CONCILIATION. Upon the consent of all
				parties, the department may assist the parties to reach a mutually agreeable
				and just resolution of the complaint at any time during the proceedings. If
				conciliation resolves a dispute, the terms of the agreement shall be set forth
				in a conciliation agreement.
(2)
				REMEDY FOR BREACH OF CONCILIATION AGREEMENT. If, within one year after the
				effective date of a conciliation agreement, a complainant believes that the
				terms of the agreement have been breached by a respondent, the complainant may
				petition the department to re-open the complaint against that respondent. The
				department may conduct a hearing to determine whether the terms of the
				conciliation agreement have been breached. If the department determines that
				the respondent has breached the conciliation agreement, it may do either of the
				following:
(a) Refer the matter to the
				department of justice with a recommendation that a civil action be filed under
				s.
				106.50(6)
				(e) 4, Stats., for the enforcement of the
				terms of the conciliation agreement.
(b) Issue an order allowing the complainant
				to proceed with the complaint starting at the point in the administrative
				proceedings when the conciliation agreement became effective, provided that the
				complainant places any monetary proceeds which were received as a result of the
				conciliation agreement in an escrow account pending the final resolution of the
				complaint process.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.11 - Charge of discrimination

Current through June 24, 2024
(1) WHEN CHARGE
				SHALL BE ISSUED. If the department makes an initial determination that there is
				probable cause to believe that housing discrimination occurred as alleged in
				the complaint, or if it issues a decision finding probable cause after a
				hearing, it shall issue a charge on behalf of the complainant and shall refer
				the charge to the attorney general as required by s.
				106.50(6)
				(c) 2, Stats. The charge may be incorporated
				into an initial determination finding probable cause under s.
				DWD
				220.08(2) or into a decision of an
				administrative law judge finding probable cause under s.
				DWD
				220.23(1).
(2) EXCEPTION IF CIVIL TRIAL HAS COMMENCED.
				The department shall not issue a charge under this section if it has been
				informed, in writing, that an aggrieved person has commenced a civil action in
				court under the federal fair housing act,
				42 USC
				3613, or the Wisconsin open housing law, s.
				106.50(6m),
				Stats., seeking relief with respect to the alleged discriminatory housing
				practice, and that the trial in the action has begun. If a charge may not be
				issued because of the commencement of such a trial, the department shall
				dismiss the complaint. The department shall notify the parties of the dismissal
				of the complaint by first class mail.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.12 - Election of civil action; certification to hearing

Current through June 24, 2024
(1) ELECTION OF
				CIVIL ACTION. If a charge is issued under s.
				DWD
				220.11, a complainant, a respondent or an aggrieved
				person on whose behalf the complaint was filed may elect, in lieu of an
				administrative proceeding under ss.
				DWD 220.14 to
				220.23, to have the claims asserted
				in the charge decided in a civil action under s.
				106.50(6m),
				Stats. The election shall be in writing and shall be filed with the department
				no later than 20 days after the receipt of service of the charge by the
				electing person. The department shall notify the parties and their attorneys of
				record that an election has been made. Upon the filing of an election, the
				department shall dismiss the complaint. The order of dismissal shall become
				effective 90 days after the date the order is issued. The order of dismissal
				shall state that it is without prejudice to the parties' rights to proceed on
				the complaint in another forum. The administrative proceedings shall be
				concluded upon the effective date of the department's order of dismissal. The
				complainant or the aggrieved person shall have 90 days from the date of receipt
				of service of the notice of election to file a summons and complaint in circuit
				court. Thereafter, the complaint shall proceed as provided under s.
				106.50(6m),
				Stats.
(2) CERTIFICATION TO HEARING
				ON THE MERITS OF THE COMPLAINT. If an election is not made under this section,
				the department shall issue a notice certifying the matter to hearing. A hearing
				on the merits shall thereafter be noticed and conducted in accordance with the
				provisions of ss.
				DWD 220.14 to
				220.23.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.13 - Dismissal of complaint for lack of jurisdiction or other procedural basis following certification to hearing

Current through June 24, 2024
A complaint may be dismissed for the reasons set forth in s.
				  DWD
				  220.05(1) after the case is certified
				  to hearing under either s.
				  DWD
				  220.09(3) or
				  220.12(2). In
				  determining whether to dismiss the complaint, the administrative law judge may
				  consider documents and affidavits presented by any party and may hold a hearing
				  to allow the parties to establish facts which may have a bearing on whether the
				  complaint should be dismissed. If the administrative law judge issues an order
				  dismissing the complaint under this section, a certified copy of the order and
				  a notice of appeal rights shall be sent by first class mail to the last known
				  address of each party and to their attorneys of record.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 220 - Fair housing › Section DWD 220.14 - Notice of hearing

Current through June 24, 2024
(1) CONTENT. In any matter which has been
				certified to hearing following the issuance of a charge under s.
				DWD
				220.11 or an appeal of an initial determination of no
				probable cause under s.
				DWD
				220.09(3), the department shall send
				a notice of hearing to the parties and their attorneys of record, by
				first-class mail, advising them of the specific time, date and place
				established for the hearing. The notice of hearing shall fully identify the
				parties and the case number. It shall specify a time and date of hearing not
				less than 30 days after the date of mailing of the notice of hearing. The
				notice of hearing shall specify the nature of the housing discrimination which
				is alleged to have occurred and shall state the legal authority on which the
				hearing is based. A copy of the complaint shall be attached to the notice of
				hearing.
(2) PLACE OF HEARING. The
				hearing shall be held in the county where the alleged act of discrimination
				occurred, or at another location with the consent of the parties. For purposes
				of this subsection, the county where the alleged act of housing discrimination
				occurred is the county where the housing which is the subject of the complaint
				is located, unless no specific housing is involved, in which case the county
				where the alleged act of housing discrimination occurred is the county where
				the respondent resides.