AB 269

Under the current fair employment law, a person alleging discrimination in

employment or unfair honesty or genetic testing may file a complaint with the

Department of Workforce Development (DWD) seeking action that will effectuate

the purpose of the fair employment law, including reinstating the employee,

providing back pay, and paying costs and attorney fees. The fair employment law,

however, does not authorize DWD to award compensatory or punitive damages to a

complainant.

This bill permits DWD or a person who has been discriminated against or

subjected to unfair honesty or genetic testing to bring an action in circuit court to

recover compensatory and punitive damages caused by the act of discrimination or

unfair honesty or genetic testing after the completion of all administrative

proceedings before DWD and the Labor and Industry Review Commission

concerning the violation. Those damages are in addition to any back pay or other

amounts awarded in the administrative proceeding. The bill, however, does not

permit an action for damages to be brought against any local governmental unit or

against any employer employing fewer than 15 individuals.

Under the bill, if the circuit court finds that a defendant has committed an act

of discrimination or unfair honesty or genetic testing, the circuit court must order the

defendant to pay to the person discriminated against compensatory and punitive

damages in an amount that the circuit court finds appropriate, subject to the

following limitations:

1. If the defendant employs 100 or fewer employees, $50,000.

2. If the defendant employs more than 100 but fewer than 201 employees,

$100,000.

3. If the defendant employs more than 200 but fewer than 501 employees,

$200,000.

4. If the defendant employs more than 500 employees, $300,000.