How do I prove discrimination?

You can show direct evidence (discriminatory statements, policies) or circumstantial evidence (differential treatment, statistical patterns, pretext for stated reasons) [42 U.S.C. 2000e-2].

Can I file with both the state agency and EEOC?

Yes. Wisconsin Equal Rights Division is a deferral agency that cross-files with EEOC, extending the federal deadline to 300 days. Filing with one agency can often satisfy the requirements of the other through cross-filing agreements.

What happens after I file?

The agency investigates, attempts mediation or conciliation, and may issue findings. If unresolved, you receive a right-to-sue letter allowing you to file a lawsuit.

Topic guideUpdated 2026-02-27

Wisconsin Workplace Discrimination — Filing a Complaint

Q: What counts as workplace discrimination?

Discrimination occurs when an employer treats you less favorably because of a protected characteristic. Under the Wisconsin Fair Employment Act (WFEA), protected classes include: age (40+), race, creed, color, disability, marital status, sex, national origin, ancestry, arrest/conviction record, military service, sexual orientation, use or non-use of lawful products off-duty — applies to employers with 1+ employees; adds arrest/conviction records and lawful off-duty product use beyond federal law [§ 111.321].

Q: How long do I have to file a complaint?

300 days to file with the Wisconsin Equal Rights Division [§ 111.39].

Protected classes, filing deadlines, and how to pursue a discrimination claim under Wisconsin and federal law.

The Wisconsin Fair Employment Act (WFEA) prohibits employment discrimination in Wisconsin §111.321.

Protected Classes

Under Wisconsin law, employers cannot discriminate based on: age (40+), race, creed, color, disability, marital status, sex, national origin, ancestry, arrest/conviction record, military service, sexual orientation, use or non-use of lawful products off-duty — applies to employers with 1+ employees; adds arrest/conviction records and lawful off-duty product use beyond federal law.

Federal laws (Title VII, ADA, ADEA) provide additional protections for employees of employers with 15+ employees (20+ for age discrimination).

Types of Discrimination

Disparate treatment — intentional discrimination based on a protected characteristic

Disparate impact — neutral policies that disproportionately affect a protected group

Failure to accommodate — refusing reasonable accommodations for disability or religion

Harassment — creating a Hostile work environment based on a protected characteristic

Filing a Discrimination Complaint

You have 300 days to file with the Wisconsin Equal Rights Division §111.39. Wisconsin Equal Rights Division is a deferral agency that cross-files with EEOC, extending the federal deadline to 300 days.

	Details
State Agency	Wisconsin Equal Rights Division (ERD), Department of Workforce Development
Federal Agency	EEOC
State Deadline	300 days to file with the Wisconsin Equal Rights Division §111.39
Federal Deadline	180 days (300 with deferral) [42 U.S.C. § 2000e-5]

⚠Filing deadlines are strictly enforced. Missing the deadline typically bars your claim entirely, regardless of its merits.

✓File with both the state agency and EEOC to preserve all options. A single filing can often be cross-filed with both agencies.

Prepare for Your Consultation

Quick checklist (Employment Law)

Gather these before your first consultation.

Employment records

(pay stubs, contracts, offer letters)

Communication evidence

(emails, texts, performance reviews)

Witness information

(coworkers who can corroborate)

General preparation tips only. Specific needs depend on your state and employment situation.

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