SB 366

This bill allows the Department of Workforce Development or a person 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, however, does not allow an action for

damages to be brought against certain local governmental units 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 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

person 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 the current fair employment law, a person alleging 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.

The fair employment law, however, does not authorize DWD to award compensatory

or punitive damages to a complainant.