AB 396

This bill allows the Department of Workforce Development or an individual

who is alleged or was found to have been discriminated against or subjected to unfair

honesty or genetic testing to bring an action in circuit court in addition to or in lieu

of filing an administrative complaint. The bill does not allow such an action for

damages to be brought against a local governmental unit or against an employer that

employs 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 may award

back pay and any other relief that could have been awarded in an administrative

proceeding. In addition, the circuit court must order the defendant to pay to the

individual discriminated against compensatory and punitive damages that the

circuit court finds appropriate, except that the total amount of damage awarded for

future economic losses and for pain and suffering, emotional distress, mental

anguish, loss of enjoyment of life, and other noneconomic losses and punitive

damages is 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 fair employment law, an individual who alleges discrimination

in employment or unfair honesty or genetic testing may file a complaint with 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.