Posts Tagged ‘Equal Rights Division’

On many occasions, employees have called me for advice after they have filed a discrimination complaint with Wisconsin’s Department of Workforce Development Equal Rights Division (ERD), or the federal Equal Employment Opportunity Commission (EEOC).

When I review their situations, I find that many of those employees should not, in my opinion, have filed their discrimination complaints.  These employees’ matters are not usually frivolous, and there is usually sound basis to think their employers treated them unfairly.  However, being treated unfairly does not itself make for a good discrimination claim.

This is one of the many important things an employment attorney could tell you before you file a discrimination complaint- that is, if you ask.  There are some other important factors that do-it-yourselfers, given their unfamiliarity with the legal process, are commonly unaware of.

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Wisconsin legislators are considering enactment of a bill, 2009 Assembly Bill 894, that prohibits workplace bullying by employers.

The bill seeks to prohibit abusive work environments in Wisconsin, and to allow a worker subjected to such an environment to bring a civil legal claim.

Importantly, a civil claim would be filed in a Wisconsin county court, as opposed to federal court or an administrative agency like the Wisconsin Equal Rights Division or EEOC (i.e. agencies that handle discrimination complaints).

This post summarizes the bill, its legal requirements, its potential benefits for WI employees, and potential liabilities for employers.

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Many employees file discrimination complaints with Wisconsin’s Equal Rights Division (ERD) without retaining an attorney. If you are an ERD complainant without an attorney, and you just received a “probable cause” determination, you may be wondering “now what?” Or at least you should be. In the time following a probable cause determination, things will get more formal and legalistic. You should get the most information you can about what’s to come.

Below, I’ll discuss what a “probable cause” (PC) determination means, what a “no probable cause” (NPC) determination means, and what each determination may mean for you. Bad news first.

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If you are an employee in Wisconsin and feel you are (or were) being sexually-harassed, you should know the following:

(A) Know how the law defines sexual harassment;

(B) Keep proof (documentation or recordings);

(C) Learn your employer’s policies before complaining or taking action;

(D) Do not act angrily or righteously;

(E) Before complaining, consider the risks of retaliation;

(F) Proactively arrange for Plan B (e.g. a new job, or transfer to different boss); and

(G) Don’t quit because the employer tells you to.

This information is described in more detail below.

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If you are an employee thinking of filing a discrimination complaint with the Wisconsin Equal Rights Division (ERD) or the Equal Employment Opportunity Commission (EEOC), there are several things you may want to consider before submitting the complaint. Read the rest of this entry »