AB 974

This bill permits the Department of Workforce Development or a person who

is alleged or was found to have 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. Those damages are in addition to any back pay or other

amounts awarded in any 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 following limitations:

1. If the defendant employs 100 or fewer employees, no more than $50,000.

2. If the defendant employs more than 100 but fewer than 201 employees, no

more than $100,000.

3. If the defendant employs more than 200 but fewer than 501 employees, no

more than $200,000.

4. If the defendant employs more than 500 employees, no more than $300,000.

The bill requires DWD to annually revise these amounts based upon the change

in the consumer price index in the previous year, if any positive change has occurred.

Under current law, 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. Employment discrimination on the basis of military

service, however, does not include refusing to hire, employ, or license an individual

or barring or terminating 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 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.