I. Federal Statutes

• Title VII of the Civil Rights Act of 1964 applies to employers with 15 or more employees. The law prohibits discrimination because of an individual's:

• race,

• color,

• religion,

• sex (including pregnancy, sexual orientation, and gender identity), or

• national origin.

Title VII also makes it illegal to retaliate against employees who formally or informally oppose workplace discrimination based on race, color, religion, sex, or national origin. The law prohibits employers from firing or otherwise discriminating against workers who make an internal complaint, file a formal charge, or testify in a hearing on behalf of another worker alleging discrimination.

• The Equal Pay Act prohibits employers from paying men and women differently for substantially similar work. Sixty years after this law's passage, women are still paid approximately $0.84 for every dollar that men make.

• The Americans With Disabilities Act (ADA) prohibits discrimination because of an individual's disability. It requires employers (those with at least 15 employees) to reasonably accommodate employees' disabilities.

• The Age Discrimination in Employment Act (ADEA) prohibits discrimination because of age. It applies only to employees age 40 or older. The ADEA applies to all employers with 20 or more employees.

• The Family & Medical Leave Act (FMLA) applies to all employers with 50 or more employees, and to all employees who work for 12 continuous months there. The employee must certify that they or a family member have a serious health condition that will require ongoing care and treatment. Eligible employees are entitled to 12 weeks of unpaid leave. When an employee takes unpaid leave, they may not be terminated or otherwise discriminated against on this basis.

This list is not exhaustive. Call O'Connor Law Firm at (608) 203-6349 to discuss your legal matter.

What is Employment Discrimination?

Employment discrimination occurs when an employer takes an adverse action against an employee or job applicant because of that person's membership in a protected class. This includes firing, not hiring, refusing to promote, or demoting someone because of their protected class membership: race, national origin, color, religion, sex, disability, age, etc. A hostile work environment (harassment) is a type of adverse action as well.

What classes are protected?

Discrimination because of an employee's race, religion, national origin, color, sex, disability, age, military status, or genetic tests is illegal in all fifty states under federal law.​

In addition, the Wisconsin Fair Employment Act law makes it illegal to discriminate based on one's arrest record or conviction record (unless it substantially relates to the job in question), the lawful use or nonuse of legal products outside of the workplace (such as cigarettes), and one's marital status. See more details below.

Discrimination is often very subtle. Sometimes it is hard to describe or explain. Courts know that an employer intent on discriminating against an employee will try to point to an ostensibly valid reason for the discharge, sometimes creating that reason themselves. No one likes to think of themselves as prejudiced. Sometimes, the decisionmaker may not even be consciously aware that he or she is engaged in discrimination. And no one ever admits that he or she discriminated, if that's in fact what he or she knowingly did.

To get over these hurdles, the law allows employees to prove discrimination and retaliation through a wide array of circumstantial and indirect evidence. When a boss or supervisor treats members of a protected class less favorably than employees outside the protected class, for similar conduct committed under similar circumstances, discrimination occurs.

II. The Wisconsin Fair Employment Act

WFEA prohibits discrimination based on:

• Arrest and/or Conviction Record

• Ancestry, Color, National Origin or Race

• Creed (Religion)

• Disability

• Genetic Testing

• Honesty Testing

• Marital Status

• Military Service

• Pregnancy or Childbirth

• Sex

• Sexual Orientation, and

• Use or nonuse of lawful products off the employer's premises during nonworking hours

III. Madison Equal Opportunities Ordinance

The City of Madison provides even broader protections to employees working within city limits. Madison General Ordinance 39.03(8), the Equal Opportunities Ordinance, prohibits employment discrimination because of an individual's:

• Sex

• Race

• Religion

• Color

• National Origin or Ancestry

• Citizenship Status

• Age

• Handicap/Disability

• Marital Status

• Source of Income

• Arrest Record

• Conviction Record

• Credit History

• Less Than Honorable Discharge

• Physical Appearance

• Sexual Orientation

• Gender Identity

• Genetic Identity

• Political Beliefs

• Familial Status (Including Being Pregnant or in the Process of Securing Joint Child Placement or Custody)

• Student Status

• Domestic Partner Status

• Receipt of Rental Assistance

• The Fact That a Person Declines to Disclose Their Social Security Number

• Homelessness, and

• Unemployment Status

Protection Against Discrimination in Wisconsin

Have you been fired for what you believe is a discriminatory reason? Are you experiencing a hostile work environment based on your protected class? Know that you're not alone. Call O'Connor Law Firm at (608) 203-6349 today to discuss your legal matter.

I exclusively represent employees in discrimination and retaliation cases. Over my career have built a reputation as an attorney who fights hard for workers rights.

I look forward to speaking with you.