Employment Discrimination Demand Letter - Wisconsin

EMPLOYMENT DISCRIMINATION DEMAND LETTER

Wisconsin Law

Wisconsin Fair Employment Act, Wis. Stat. Section 111.31 et seq.

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Wisconsin ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[State Bar of Wisconsin No.]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]

[Date]

[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]

Re: Employment Discrimination Claim of [Client Full Name]
ERD Complaint No.: [If filed]
EEOC Charge No.: [If filed]
CONFIDENTIAL SETTLEMENT COMMUNICATION - WIS. STAT. SECTION 904.08

Dear [Mr./Ms./Mx. Last Name]:

This firm represents [Client Full Name] ("our client") regarding [his/her/their] claims of unlawful employment discrimination against [Company Legal Name] ("[Company Short Name]" or "the Company").

I. LEGAL FRAMEWORK

A. Wisconsin Fair Employment Act (WFEA)

Wisconsin prohibits employment discrimination under Wis. Stat. Section 111.31 et seq.

Protected Classes Under WFEA (Section 111.321):

• Age (40+)
• Race
• Creed
• Color
• Disability
• Marital status
• Sex (including pregnancy)
• Sexual orientation (since 1982 - first state!)
• National origin
• Ancestry
• Arrest record
• Conviction record
• Military service
• Use or nonuse of lawful products off premises
• Declining to attend political/religious meetings
• Genetic testing

Note: Gender identity is NOT explicitly protected under WFEA.

B. Federal Anti-Discrimination Laws

C. Equal Rights Division (ERD)

Administrative Exhaustion Required:

• Must file ERD complaint within 300 days
• ERD has work-sharing agreement with EEOC
• Administrative process required before court action

II. FACTUAL BACKGROUND

[Client Full Name] was employed by [Company Short Name] from [Start Date] through [End Date / Present] as a [Job Title] in [City], Wisconsin.

III. LEGAL CLAIMS

A. Violation of Wisconsin Fair Employment Act

[Company Short Name] violated the WFEA by discriminating against our client based on [protected class].

Key Provisions:

• Applies to employers with 1+ employees
• Administrative exhaustion required
• LIMITED REMEDIES: Back pay, reinstatement, attorney's fees only under state law
• First state to protect sexual orientation (1982)

IV. DAMAGES

A. WFEA Remedies (Limited)

Important: WFEA does NOT provide for compensatory or punitive damages. Available remedies include:

• Back pay
• Reinstatement
• Reasonable attorney's fees
• Cease and desist orders

For compensatory and punitive damages, must pursue federal claims under Title VII (with applicable caps).

B. Summary of Damages

V. SETTLEMENT DEMAND

We demand that [Company Short Name] pay $[Settlement Demand Amount] to resolve all claims.

VI. RESPONSE DEADLINE

Please respond within twenty-one (21) calendar days, no later than [Response Deadline Date].

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[State Bar of Wisconsin No.]

WISCONSIN-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)

Key Wisconsin Considerations

[ ] LIMITED STATE REMEDIES: WFEA provides back pay and reinstatement only - NO compensatory or punitive damages

[ ] First State for Sexual Orientation: Wisconsin was first state to protect sexual orientation (1982)

[ ] No Gender Identity Protection: Gender identity not explicitly protected under WFEA

[ ] Administrative Exhaustion: Required - must file with ERD

[ ] Broad Unique Protections: Arrest/conviction record, lawful product use, political/religious meeting attendance

[ ] Federal Claims Critical: For full damages, must pursue federal claims

Strategy Consideration

Given limited state remedies, strongly consider:

1. Dual-filing with EEOC for federal claims
2. Emphasizing federal Title VII/ADA/ADEA claims for compensatory/punitive damages
3. Settlement negotiations should account for limited state remedies

Statute of Limitations Reference