Good WFEA Case Decision re Retaliation Based on Good Faith Complaint of Discrimination

On behalf of Peterson, Berk & Cross, S.C.

The Wisconsin Court of Appeals issued a decision involving the Wisconsin Fair Employment Act (WFEA) decision, which is good for WI employees alleging retaliatory discharge under WFEA discrimination law.
The decision was in favor of an employee-complainant who complained of “discrimination” generally to a manager (without specifically referencing the type/protected class basis) shortly before being fired. , Town of Rome v. LIRC, 2010AP001902 09-08-11

According to the decision, the employee’s complaint about discrimination, while not specific, was sufficient to protect her under WFEA’s anti-retaliation law.

The case also supports WFEA’s in-part standard, that the employer is liable for mixed motive termination if it would not have fired the employee in the absence of its (partial) motivation to retaliate against the employee for her opposing discrimination.