Nondiscrimination Laws

What the Law Says
If You Experience Discrimination
Attorneys & Resources
Transgender Discrimination

What the Law Says

State Laws

In the Workplace

You cannot legally be fired, demoted, denied a job, or otherwise treated unequally on the job because of your sexual orientation. The law covers all employers, including labor unions, employment agencies, and licensing agencies.

Workplace harassment based on sexual orientation is also illegal. This means, for example, if co-workers harass someone for being gay, supervisors have a duty to try to stop that harassment.

Under Wisconsin law, harassment may include verbal abuse, epithets, vulgar or derogatory language, display of offensive cartoons or materials, mimicry, lewd or offensive gestures, and telling anti-gay jokes. The behavior must be more than a few isolated incidents or casual comments. Harassment involves a pattern of abusive and degrading conduct directed against the employee based on sexual orientation that is sufficient to interfere with his or her work or to create an offensive and hostile work environment.

Religious institutions are sometimes exempt from nondiscrimination laws. The law is not entirely clear in this area, but generally speaking religious institutions are given more latiitude, especially if the position is clearly related to the religious teachings and beliefs of the institution. In other words, it is likely that a church with consistent anti-gay religious beliefs could discriminate against a lesbian applying to be a minister but it's less likely if, for example, the position in question is a janitor.

Wisconsin state courts have said that the workplace nondiscrimination law does not prohibit an employer from refusing to provide domestic partner benefits.

These local jurisdictions ban the following:

• Dane County-- sexual orientation and gender identity discrimination in housing, county government (public) employment, and for companies that contract with the county.
• Madison-- sexual orientation and gender identity discrimination in private and public employment, housing, and public accommodations.
• Milwaukee-- sexual orientation discrimination in private and public employment, housing, and some public accommodations (companies that need city licenses to operate).
• Shorewood Hills-- sexual orientation discrimination in public employment.
• Winnebago County-- sexual orientation discrimination in public employment.
  This may not be a complete list of every jurisdiction that bans sexual orientation discrimination.

In Housing

It is illegal to be kicked out of your home; threatened or intimidated; denied the ability to rent,
buy, construct, or finance a home; or otherwise be treated unequally in housing because of your sexual orientation. The law applies to management companies, landlords, real estate agents, and subsidized housing. The law does not apply to roommates in units in which five or fewer people live.

In Public Accommodations

It is illegal to be kicked out of, denied services from, or otherwise treated differently by a place of public accommodation because of your sexual orientation. Wisconsin law considers public
accommodations to include places of business or recreation, lodging establishments, credit/financial services, restaurants, taverns, nursing homes, clinics, hospitals, and any other place where accommodations, amusement, goods, or services are available to the general public. Private, nonprofit organizations that provide accommodations, amusement, goods, and services only to their members and members- guests (for example, country clubs) are not considered public accommodations under state law.

The law also forbids anti-gay harassment in public accommodations, so long as the employees or owners have some degree of control over the harassment. For example, it may be illegal discrimination if a bartender consistently talks with patrons about how he hates "faggots" and "dykes."

Sexual orientation discrimination in public accommodations can also include discrimination against same-sex couples who show each other affection in the same way that opposite-sex couples do in the same establishment. For example, you cannot be kicked off a bus or out of a store for holding hands with your partner, or for slow-dancing with your partner in a bar where heterosexual couples dance together all the time.

Local Laws

A handful of local governments also ban sexual orientation discrimination. Although state law already bans such discrimination, local laws reinforce the message to area employers, landlords, and public accommodations that anti-gay discrimination is unacceptable.

Local civil rights laws can provide additional ways (other than under state law) to seek help if you experience discrimination. Many towns and cities have agencies designed to enforce these laws, providing complaint and investigation procedures similar to the state Equal Rights Division process. (See "If You Experience Discrimination" for more details on how to file a complaint either through the state agency or a local agency.)

Protections for Transgender People

Transgender people should contact the Wisconsin Equal Rights Division with questions about whether discrimination they experience is sex discrimination or disability discrimination. Both Madison and Dane County specifically ban gender identity discrimination. This means transgender people who experience discrimination in Madison or Dane County should consider contacting local agencies for assistance. (See "What to Do if You Experience Discrimination," under "local civil rights agencies.")

Disclaimer: This resource is designed to educate people generally about the law, but it is not legal advice. If legal advice is needed, contact an attorney.

CITATIONS FOR LEGAL INFORMATION

Workplace discrimination law: Wisconsin Statutes sections 111.31 - 111.395
Religious exemption: section 111.337(2)(am)
Refusing to provide domestic partner benefits is not illegal workplace discrimination: Phillips v. Wisconsin Personnel Comm., 167 Wis. 2d 205, 482 N.W.2d 121 (Ct. App. 1992)
Housing discrimination: Wisconsin Statutes section 106.52
Public accommodations discrimination: Wisconsin Statutes section 106.52(3)
Harassment in public accommodations: See Neldaughter v. Dickeyville Athletic Club (LIRC 05/24/94, ERD No. 9132522); Bond v. Michaelís Family Restaurant (LIRC 03/30/94, ERD Case 9150755, 9151204); and Hampton v. Pizza Hut of Southern Wisconsin (LIRC 07/27/00, ERD Case No. 199700355)