AB 537

Under current fair employment law, an individual who alleges that an

employer has violated employment discrimination, unfair honesty testing, or unfair

genetic testing laws may file a complaint with the Department of Workforce

Development seeking action to enforce fair employment law, including reinstating

the employee, providing back pay, and paying costs and attorney fees.

This bill permits DWD or an individual who is alleged or was found to have been

discriminated against or subjected to unfair honesty or genetic testing to, in addition

to or in lieu of filing an administrative complaint, bring an action in circuit court to

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

unfair honesty testing, or unfair genetic testing. The action in circuit court must be

commenced within 300 days after the alleged discrimination, unfair honesty testing,

or unfair genetic testing occurred.

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

of employment discrimination, unfair honesty testing, or unfair 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 found to have been discriminated against or found

to have received unfair genetic testing or unfair honesty testing compensatory and

punitive damages in the amount 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 on the basis of the

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

occurred.