What are my rights against workplace harassment in Wisconsin?
1. Federal Floor. Title VII (15+ employees) and Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), establish the federal baseline.
2. State Statute & Agency. The Wisconsin Fair Employment Act (WFEA), Wis. Stat. § 111.31 et seq., is enforced by the Equal Rights Division (ERD) of the Wisconsin Department of Workforce Development. WFEA covers all employers regardless of size (Wis. Stat. § 111.32(6)).
3. Standard for Hostile Work Environment. Wisconsin generally tracks the federal "severe or pervasive" standard. Sexual harassment is defined at § 111.32(13) as conduct that "substantially interferes" with work performance or creates an intimidating, hostile, or offensive work environment.
4. Protected Categories. Age (40+), race, creed, color, disability, marital status, sex, sexual orientation, national origin, ancestry, arrest record, conviction record, military service, use or non-use of lawful products off-premises during nonworking hours, and declining to attend employer-sponsored religious meetings (§ 111.321). Gender identity is treated within "sex" per ERD guidance.
5. Quid Pro Quo vs Hostile Environment. Faragher v. City of Boca Raton, 524 U.S. 775 (1998), and Burlington v. Ellerth, 524 U.S. 742 (1998), control as guidance, though WFEA has its own statutory definition.
6. Employer Liability. Employers are liable for supervisor harassment; the Faragher/Ellerth affirmative defense is recognized.
7. Mandatory Training. Wisconsin has no statewide harassment-training mandate.
8. Filing Deadline. EEOC: 300 days. ERD: 300 days (Wis. Stat. § 111.39(1)).
9. NDA Restrictions. Wisconsin has not enacted a broad statewide ban on sexual-harassment NDAs; federal Speak Out Act (2022) voids certain pre-dispute NDAs.
This is legal information, not legal advice.
- You work for a very small employer (under 4) where Title VII does not apply
- Your harassment relates to arrest/conviction record or use of lawful off-duty products (uniquely WFEA-protected)
- The 300-day ERD deadline is approaching
- Wis. Stat. § 111.31 et seq. (WFEA)
- Wis. Stat. § 111.32(13)
- Wis. Stat. § 111.321
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.