Wisconsin State Civil Rights Complaint (WFEA Judicial Review / § 106.50 Housing / § 106.52 Public Accommodations)

CIVIL RIGHTS COMPLAINT — WISCONSIN

TABLE OF CONTENTS

1. Caption
2. Nature of the Action
3. Parties, Jurisdiction, and Venue
4. Administrative Exhaustion / Procedural Posture
5. Factual Allegations
6. Count I — Judicial Review of LIRC Order (WFEA, Ch. 227)
7. Count II — Open Housing Discrimination (§ 106.50)
8. Count III — Public Accommodations Discrimination (§ 106.52)
9. Damages and Relief Available
10. Prayer for Relief
11. Demand for Trial by Jury (Limited)
12. Signature Block
13. Certificate of Service
14. Wisconsin Practice Notes
15. Sources and References

1. CAPTION

STATE OF WISCONSIN

CIRCUIT COURT — [COUNTY] COUNTY

CASE NO. [________________________________]

CASE CLASSIFICATION CODE: [30607 Administrative Agency Review / 30303 Other Civil]

[PETITION FOR JUDICIAL REVIEW / COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF]

(Wis. Stat. § 111.395 and ch. 227; Wis. Stat. § 106.50; Wis. Stat. § 106.52)

Petitioner/Plaintiff, by and through undersigned counsel, complains of Respondent/Defendant and alleges as follows:

2. NATURE OF THE ACTION

2.1. This action is brought under [Wis. Stat. § 111.395 and ch. 227 (judicial review of LIRC final order on WFEA claim) / Wis. Stat. § 106.50(6)(i) (Open Housing direct civil action) / Wis. Stat. § 106.52(4)(b) (Public Accommodations direct civil action)].

2.2. [Petitioner / Plaintiff] alleges that [Respondent / Defendant] discriminated against [Petitioner / Plaintiff] on the basis of [PROTECTED CLASS — see Wis. Stat. § 111.321 (employment) or § 106.50(2) (housing) or § 106.52(3) (public accommodations)] in violation of Wisconsin law.

3. PARTIES, JURISDICTION, AND VENUE

3.1. [Petitioner / Plaintiff] [NAME] is an adult resident of [COUNTY] County, Wisconsin, residing at [ADDRESS].

3.2. [Respondent / Defendant] [NAME] is a [corporation / LLC / individual / public entity] organized under the laws of [STATE] with its principal place of business / residence at [ADDRESS] in [COUNTY] County, Wisconsin.

3.3. [For WFEA Ch. 227 review:] Respondent Labor and Industry Review Commission ("LIRC") is the state administrative agency whose final order, dated [DATE], is the subject of this petition. LIRC's address is P.O. Box 8126, Madison, WI 53708.

3.4. Subject-matter jurisdiction is conferred by:

• [For Ch. 227 review:] Wis. Stat. § 227.52 (judicial review of contested-case decisions) and Wis. Stat. § 111.395 (review of LIRC orders under the WFEA).
• [For § 106.50 housing:] Wis. Stat. § 106.50(6)(i) (direct civil action in circuit court for the county of violation or where defendant resides/has principal place of business).
• [For § 106.52 public accommodations:] Wis. Stat. § 106.52(4)(b) (direct civil action in circuit court for the county of violation or where defendant resides/has principal place of business).

3.5. Venue is proper in [COUNTY] County under [Wis. Stat. § 227.53(1)(a)3. — county of residence for Ch. 227 review / Wis. Stat. § 106.50(6)(i)1. or § 106.52(4)(b)1. — county where the alleged violation occurred or where defendant resides or has principal place of business].

4. ADMINISTRATIVE EXHAUSTION / PROCEDURAL POSTURE

(A) WFEA — Ch. 227 Judicial Review (Required Posture for Employment).

4.1. On [DATE], within 300 days of the alleged discriminatory act under Wis. Stat. § 111.39(1), Petitioner filed a verified Complaint of Discrimination with the Department of Workforce Development, Equal Rights Division ("ERD"), ERD Case No. [________], dual-filed with the U.S. Equal Employment Opportunity Commission ("EEOC") under the work-share agreement.

4.2. ERD issued an [Initial Determination of Probable Cause / No Probable Cause] on [DATE], followed by a hearing before an Administrative Law Judge on [DATE], who issued [a final decision / proposed decision] on [DATE].

4.3. [Petitioner / Respondent] appealed to the Labor and Industry Review Commission ("LIRC"), which issued its final order on [DATE]. A copy is attached as Exhibit A.

4.4. This Petition is filed within thirty (30) days of LIRC's final order, as required by Wis. Stat. § 227.53(1)(a)2., and within all other time limits set by Wis. Stat. § 111.395.

4.5. Petitioner has exhausted all administrative remedies; the WFEA confers no original jurisdiction in circuit court. See Bachand v. Connecticut Gen. Life Ins. Co., 101 Wis. 2d 617, 305 N.W.2d 149 (Ct. App. 1981).

(B) Wis. Stat. § 106.50 — Open Housing.

4.6. Plaintiff has elected to file a direct civil action under Wis. Stat. § 106.50(6)(i) within one (1) year of the alleged violation. [If a parallel ERD complaint was filed: that proceeding is pending / has been withdrawn / has been concluded, and the SOL was tolled accordingly under § 106.50(6)(i)2.]

(C) Wis. Stat. § 106.52 — Public Accommodations.

4.7. Plaintiff has elected to file a direct civil action under Wis. Stat. § 106.52(4)(b) within one (1) year of the alleged violation.

5. FACTUAL ALLEGATIONS

5.1. [Petitioner / Plaintiff] is a member of one or more protected classes under [Wis. Stat. § 111.321 / § 106.50(2) / § 106.52(3)], including: [age / race / creed / color / disability / marital status / sex / national origin / ancestry / arrest record / conviction record / military service / use or nonuse of lawful products off premises during nonworking hours / declining to attend a meeting on religious or political matters / sexual orientation (housing & public accommodations) / family status (housing) / lawful source of income (housing) / status as a victim of domestic abuse, sexual assault, or stalking (housing)].

5.2. On or about [DATE], [Respondent / Defendant] [describe the discriminatory act — termination, refusal to rent, refusal to serve, harassment, denial of accommodation, denial of promotion, etc.].

5.3. [Detail specific facts: date, location, actors, statements, comparators, pretext.]

5.4. [Detail any further adverse acts, retaliation, or pattern.]

5.5. [For WFEA review:] The LIRC order erroneously [applied the wrong legal standard / made findings unsupported by substantial evidence in view of the record as a whole / misinterpreted Wis. Stat. § 111.32X / acted outside statutory authority / violated due process].

5.6. [For § 106.50/§ 106.52 actions:] The discriminatory acts were intentional, willful, or in reckless disregard of [Plaintiff]'s rights, supporting an award of punitive damages.

6. COUNT I — JUDICIAL REVIEW OF LIRC ORDER (WFEA, Ch. 227)

6.1. Petitioner incorporates ¶¶ 1.1 through 5.6 as if fully restated.

6.2. Under Wis. Stat. § 227.57, the Court may set aside or modify LIRC's order if the agency's action was outside statutory authority, was made upon unlawful procedure, was affected by other error of law, was not supported by substantial evidence, or was arbitrary, capricious, or characterized by an abuse of discretion.

6.3. LIRC's final order of [DATE] is [unsupported by substantial evidence / based on an erroneous interpretation of Wis. Stat. § 111.32X / arbitrary and capricious] because [specify].

6.4. The Court should reverse and remand for further proceedings consistent with the WFEA, with appropriate make-whole relief (back pay, reinstatement, costs, and reasonable attorney fees) under Wis. Stat. § 111.39(4)(c).

7. COUNT II — OPEN HOUSING DISCRIMINATION (§ 106.50)

7.1. Plaintiff incorporates ¶¶ 1.1 through 5.6 as if fully restated.

7.2. Wis. Stat. § 106.50(2) prohibits discrimination in housing on the basis of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age, or ancestry.

7.3. Defendant [refused to rent / refused to sell / imposed different terms / engaged in steering / refused reasonable accommodation / refused reasonable modification / retaliated] against Plaintiff because of Plaintiff's [PROTECTED CLASS], in violation of Wis. Stat. § 106.50(2m).

7.4. As a direct and proximate result, Plaintiff has suffered [lost housing opportunity / out-of-pocket costs / emotional distress / humiliation] and is entitled to compensatory damages, punitive damages, injunctive relief, costs, and reasonable attorney fees under Wis. Stat. § 106.50(6)(i).

8. COUNT III — PUBLIC ACCOMMODATIONS DISCRIMINATION (§ 106.52)

8.1. Plaintiff incorporates ¶¶ 1.1 through 5.6 as if fully restated.

8.2. Wis. Stat. § 106.52(3) prohibits denying to any person the full and equal enjoyment of any public place of accommodation or amusement on the basis of sex, race, color, creed, sexual orientation, national origin, or ancestry.

8.3. Defendant operates a "public place of accommodation or amusement" within the meaning of Wis. Stat. § 106.52(1)(e) and [denied service / refused entry / imposed different terms / harassed / retaliated] against Plaintiff because of Plaintiff's [PROTECTED CLASS].

8.4. As a direct and proximate result, Plaintiff has suffered [describe injury] and is entitled to compensatory damages, punitive damages, injunctive relief, costs, and reasonable attorney fees under Wis. Stat. § 106.52(4)(b).

9. DAMAGES AND RELIEF AVAILABLE

9.1. WFEA judicial review (Count I): Make-whole relief on remand only — back pay, reinstatement (or front pay where reinstatement is impractical), out-of-pocket costs, and reasonable attorney fees under Wis. Stat. § 111.39(4)(c). NO compensatory damages for emotional distress and NO punitive damages.

9.2. Open Housing (Count II) and Public Accommodations (Count III): Compensatory damages (including damages for emotional distress and humiliation), PUNITIVE damages, injunctive relief, costs, and reasonable attorney fees under Wis. Stat. §§ 106.50(6)(i) and 106.52(4)(b).

10. PRAYER FOR RELIEF

WHEREFORE, [Petitioner / Plaintiff] respectfully prays for the following relief:

• A. [For WFEA review:] Reversal of LIRC's final order and remand for entry of make-whole relief under Wis. Stat. § 111.39(4)(c);
• B. [For § 106.50 / § 106.52:] Judgment against Defendant on all counts;
• C. [For § 106.50 / § 106.52:] Compensatory damages in an amount to be determined at trial;
• D. [For § 106.50 / § 106.52:] Punitive damages in an amount to be determined at trial;
• E. [For § 106.50 / § 106.52:] Permanent injunctive relief enjoining further discrimination and ordering remedial action;
• F. Costs and reasonable attorney fees;
• G. Such other and further relief as the Court deems just and equitable.

☐ Reversal of LIRC order (WFEA)
☐ Remand with directions (WFEA)
☐ Compensatory damages (§ 106.50 / § 106.52)
☐ Punitive damages (§ 106.50 / § 106.52)
☐ Injunctive relief
☐ Attorney fees and costs

11. DEMAND FOR TRIAL BY JURY (LIMITED)

☐ WFEA Ch. 227 Review: No jury; review is on the closed agency record.

☐ § 106.50 / § 106.52 actions: Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right, pursuant to Wis. Const. art. I, § 5 and Wis. Stat. § 805.01.

12. SIGNATURE BLOCK

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Wisconsin State Bar No. [________]

Counsel for [Petitioner / Plaintiff]

[STREET ADDRESS]

[CITY, WI ZIP]

Telephone: [__________]

Email: [__________]

13. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused the foregoing [PETITION FOR JUDICIAL REVIEW / COMPLAINT] to be served upon [Respondent / Defendant] [and the Labor and Industry Review Commission, P.O. Box 8126, Madison, WI 53708] via [U.S. Mail / personal service / Wisconsin Circuit Court eFiling] in accordance with Wis. Stat. § 227.53(1)(a) and Wis. Stat. ch. 801.

[________________________________]

[ATTORNEY NAME]

14. WISCONSIN PRACTICE NOTES

• No private right of action under WFEA. The Wisconsin Fair Employment Act, Wis. Stat. § 111.31 et seq., is administered exclusively by the DWD Equal Rights Division, with appeals to LIRC and judicial review only under Wis. Stat. § 111.395 and ch. 227. Bachand v. Connecticut Gen. Life Ins. Co., 101 Wis. 2d 617, 305 N.W.2d 149 (Ct. App. 1981), is the foundational precedent. See also LIRC ER Decision Digest § 116 (Exclusivity of WFEA remedy).
• WFEA damages limit. Bachand and its progeny limit WFEA relief to back pay, reinstatement (or front pay), out-of-pocket costs, and reasonable attorney fees. Compensatory damages for emotional distress and punitive damages are NOT available under the WFEA.
• 300-day filing deadline. Wis. Stat. § 111.39(1) requires WFEA complaints to be filed with ERD within 300 days of the discriminatory act. The clock runs from when the act occurred or the claimant knew or should have known of it. Filing means actually received by ERD, not mailed.
• Ch. 227 review timing. Petitions for judicial review of LIRC final orders must be filed within 30 days after personal service or mailing of the order under Wis. Stat. § 227.53(1)(a)2. Service on LIRC and adverse parties is mandatory.
• Standard of review. Substantial evidence on the whole record, with deference to the agency's factual findings. Legal questions are reviewed de novo (after Tetra Tech EC, Inc. v. DOR, 2018 WI 75, eliminating great-weight deference to most agency legal interpretations).
• § 106.50 housing — direct action. One-year SOL; tolled while a parallel ERD administrative proceeding is pending. Direct civil action permits compensatory and punitive damages, injunctive relief, costs, and attorney fees.
• § 106.52 public accommodations — direct action. One-year SOL. Direct civil action permits compensatory and punitive damages, injunctive relief, costs, and attorney fees.
• Federal parallels. Title VII (employment), FHA (housing), and Title II of the Civil Rights Act of 1964 (public accommodations) are typically pursued in U.S. District Court (E.D. Wis. or W.D. Wis.) after EEOC/HUD exhaustion. Federal claims may not be combined with a Ch. 227 petition; file separately or remove with caution.
• EEOC work-share. Wisconsin is a "deferral" state; charges filed with ERD are deemed dual-filed with EEOC under their work-share agreement.
• Class codes. Wisconsin circuit court class code 30607 for administrative agency review; 30303 for "other civil — discrimination" actions under § 106.50/§ 106.52.

15. SOURCES AND REFERENCES

• Wis. Stat. § 111.31 et seq. (WFEA) — https://docs.legis.wisconsin.gov/statutes/statutes/111/II
• Wis. Stat. § 111.321 — https://docs.legis.wisconsin.gov/statutes/statutes/111/II/321
• Wis. Stat. § 111.39 — https://docs.legis.wisconsin.gov/statutes/statutes/111/II/39
• Wis. Stat. § 111.395 — https://docs.legis.wisconsin.gov/statutes/statutes/111/II/395
• Wis. Stat. ch. 227 — https://docs.legis.wisconsin.gov/statutes/statutes/227
• Wis. Stat. § 106.50 — https://docs.legis.wisconsin.gov/statutes/statutes/106/II/50
• Wis. Stat. § 106.52 — https://docs.legis.wisconsin.gov/statutes/statutes/106/III/52
• Bachand v. Connecticut Gen. Life Ins. Co., 101 Wis. 2d 617, 305 N.W.2d 149 (Ct. App. 1981)
• LIRC ER Decision Digest § 116 (Exclusivity) — https://lirc.wisconsin.gov/erdigest/e116-118.htm
• DWD-ERD Civil Rights Bureau — https://dwd.wisconsin.gov/er/civilrights/
• Labor and Industry Review Commission — https://lirc.wisconsin.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. The Wisconsin Fair Employment Act provides NO private right of action in court — only administrative enforcement through DWD-ERD with limited Ch. 227 judicial review. Wis. Stat. §§ 106.50 (housing) and 106.52 (public accommodations) DO support direct civil actions. A Wisconsin-licensed attorney must review and customize this document before filing. Verify all citations and addresses before use.