AB 604

Current law prohibits employment discrimination on the basis of military

service, which is defined as service in the U.S. armed forces, the state defense force,

the national guard of any state, or any other reserve component of the U.S. armed

forces. Also, current law specifies that employment discrimination on the basis of

military service includes discriminating against an individual because the

individual is or applies to be a member of the U.S. armed forces, the state defense

force, the national guard of any state, or any reserve component of the U.S. armed

forces or because the individual performs, has performed, applies to perform, or has

an obligation to perform military service. Current law provides, however, that it is

not employment discrimination on the basis of military service to refuse to hire,

employ, or license an individual or to bar or terminate an individual from

employment or licensure because the individual has been less than honorably

discharged from military service and the circumstances of the discharge

substantially relate to the circumstances of the particular job or licensed activity.

Under current law, a person alleging discrimination in employment on the basis

of military service may file a complaint with the Department of Workforce

Development (DWD) seeking action that will effectuate the purpose of the

employment discrimination law, including reinstating the complainant, providing

back pay, and paying costs and attorney fees. Current 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 on the

basis of military service to bring an action in circuit court to recover compensatory

and punitive damages caused by the act of discrimination, plus reasonable costs and

attorney fees incurred in the action, 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 discriminated on

the basis of military service, 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 limitations, as follows:

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.