Wisconsin Employment Law

Wisconsin Fair Employment Act covers all employers (1+). First state to prohibit sexual orientation discrimination (1982). Unique protections for arrest/conviction records and lawful product use.

At-Will

Yes

Right-to-Work

Yes

EEOC Deferral

300 days

Min. Wage

$7.25

Wisconsin State Laws (1)

WFEA

Wis. Stat. §§ 111.31-111.395

300 days
1+ employees

The Wisconsin Fair Employment Act is notable for being the first state law in the nation to prohibit employment discrimination based on sexual orientation, enacted in 1982. The Act covers all employers with one or more employees and prohibits discrimination based on age (40+), race, creed, color, disability, marital status, sex, national origin, ancestry, arrest record, conviction record, military service, sexual orientation, use or nonuse of lawful products off-premises during nonworking hours, genetic testing, and declining to attend a meeting or participate in communications about religious or political matters. Complaints must be filed within 300 days with the Wisconsin Equal Rights Division.

Protected Classes

age (40+)racecreedcolordisabilitymarital statussexnational originancestryarrest recordconviction recordmilitary servicesexual orientationuse or nonuse of lawful products off-premises during nonworking hoursgenetic testingdeclining to attend religious/political employer meetings

Key Provisions

  • ✓First state to ban sexual orientation discrimination in employment (1982), though it notably does not include gender identity protections
  • ✓Covers all employers with 1 or more employees and includes unique protections for arrest/conviction records, lawful off-duty product use, and refusal to attend employer political/religious meetings
  • ✓Wisconsin Equal Rights Division investigates complaints and may pursue administrative hearings; 300-day filing deadline

Remedies

Back payReinstatementCompensatory damagesAttorney fees and costsInjunctive reliefCease-and-desist orders
File with: Wisconsin Equal Rights Division (ERD)300 days from the discriminatory act

Federal Laws That Apply in Wisconsin

These federal statutes protect workers nationwide, including in Wisconsin. As a deferral state, the EEOC filing deadline is extended to 300 days for most claims.

Title VII15+ employees
300 days
ADA15+ employees
300 days
ADEA20+ employees
300 days
EPA1+ employees
730 days
PDA15+ employees
300 days
PWFA15+ employees
300 days
FMLA50+ employees
730 days
FLSA1+ employees
730 days
Section 19811+ employees
1460 days
GINA15+ employees
300 days
USERRA1+ employees
— days
NLRA1+ employees
180 days
OSH Act1+ employees
30 days
WARN Act100+ employees
— days
Rehabilitation Act1+ employees
300 days
SOX Section 8061+ employees
180 days
INA Section 1324b4+ employees
180 days

Check which laws apply to your situation in Wisconsin

Our free assessment identifies applicable federal, state, and local protections based on your specific circumstances.

Check My Rights

This information is provided for educational purposes only and does not constitute legal advice.Wisconsin laws are subject to legislative changes. Consult a qualified employment attorney in Wisconsin for advice about your specific situation. Last reviewed: February 2025.