Proposal could limit awards for harassment victims
Bill targets claims made under local ordinances
MADISON – Victims of workplace discrimination in Milwaukee and Madison would have fewer ways to win money from their employers, under legislation being drafted by GOP lawmakers.
The proposal comes amid a national wave of women coming forward to speak about sexual misconduct within the media, politics and other workplaces.
The measure would limit discrimination claims made under local city ordinances and also pre-empt local governments like Milwaukee from requiring higher wages for city contractors or other higher standards for employers. If passed, the bill would mark at least the second time since 2012 that lawmakers have limited the damages available to victims of workplace discrimination.
The local ordinances are currently the only way for some workers to win
damages for being demeaned or even groped. Under state law, for instance, harassed women and racial minorities can only sue to win lost wages, attorney’s fees and an order that the business stop the mistreatment, employment attorneys said.
“There’s no compensation for the harm done to her,” said longtime attorney Amy Scarr, who represents women in sexual harassment cases.
The issue has come up before. In 2012, GOP lawmakers and Gov. Scott Walker undid a 2009 law passed by Democrats that allowed victims of sexual harassment and other workplace discrimination to seek punitive damages and compensation for pain and suffering under the Wisconsin Fair Employment Act.
That caused a former bartender in a community outside Madison to limit her claims in one 2012 equal rights case.
The woman brought an action under the state law against the tavern’s owner for repeatedly grabbing her breasts and spurring her to quit her job.
The former bartender proved in a state proceeding she had been groped — in one instance, it was actually recorded by the bar’s surveillance cameras.
The damages in the state decision were limited to $14,400 in lost wages, plus her attorney’s fees.
In an interview, the woman said she still had anxiety and nightmares about the incidents and was shocked that lawmakers would make it harder for women in her position to win damages. The Journal Sentinel generally does not name victims of sexual assault.
“We’re not considered in any way, shape or form,” said the woman, who cried recounting her story. “The struggles we go through ... there’s no consideration.”
The woman and her attorney, Colin Good, said they would have been unlikely to bring the case today.
Over the past decade, the state has blocked the ability of local governments to set their own minimum wages for workers, sick leave requirements and more. The practice goes back to former Gov. Jim Doyle, a Democrat who pre-empted local minimum wages with a law that also raised the state’s hourly minimum.
Walker and his fellow Republicans in the Legislature have doubled down on this approach.
Sen. Chris Kapenga (R-Delafield) sees a good reason for that: a patchwork of local regulations can make it more complicated — and expensive — for businesses with multiple offices to follow the law. That can, in turn, affect costs for consumers and job opportunities for workers, he said.
In an interview, Kapenga pointed out he had two daughters and would never want them to undergo harassment. He said he was trying to standardize rules, not hurt victims.
“That’s not the purpose of this bill,” said Kapenga, who owns a software business. “I’m not going to go there because that’s not this bill.”
In 2012, Kapenga voted along with other Republicans to eliminate punitive damages in discrimination cases. He declined to say whether he still supported that move.
At the time of the 2012 vote, then-state senator and now-U.S. Rep. Glenn Grothman said that he believed most discrimination claims are baseless and that those with merit could still allow victims to win lost wages.
“Most of them are filed by fired employees, and really today almost anybody is a protected class,” Grothman said then.
Senate Minority Leader Jennifer Shilling (D-La Crosse) said the 2012 law and the latest bill put businesses ahead of victims.
“At a time when communities are trying to protect workers and combat workplace discrimination, this Republican proposal takes us in the wrong direction,” she said.
The Wisconsin Fair Employment Act prohibits employers from discriminating against workers and job applicants on the basis of categories such as sex, race and religious beliefs.
City ordinances in Madison and Milwaukee go further
“I view it as an unprovoked attack on local government. It’s offensive on many levels. It’s an all-out assault on local programs designed to help create a fair community.” Tom Barrett Mayor of Milwaukee
by protecting some other classes of job seekers and workers such as the homeless, domestic abuse victims and transgender people. In Madison, for instance, victims of harassment or other discrimination can also use the city ordinance to seek financial compensation for emotional distress.
The legislation would block those local ordinances. A federal law allows for punitive damages as well for victims of workplace discrimination but only if their employer has more than 15 employees.
The legislation would also block:
Future local ordinances that might regulate how businesses schedule workers’ shifts. A few cities like San Francisco in other states have taken this step.
Any local licensing requirements for professionals that are stricter than those of the state.
Local requirements in Milwaukee and elsewhere that city contractors pay their employees a certain wage.
In an interview, Milwaukee Mayor Tom Barrett slammed the bill, saying it could affect protections for low-wage workers on city contracts and minorityowned businesses in the city.
“I view it as an unprovoked attack on local government. It’s offensive on many levels,” Barrett said. “It’s an all-out assault on local programs designed to help create a fair community.”