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  2. Equal Rights
  3. Civil Rights
  4. Discrimination
  5. Sexual Orientation Protection

Sexual Orientation Protection

Overview

The Wisconsin Fair Employment Act prohibits employers, employment agencies, labor unions, licensing agencies, and other persons from discriminating against you as an employee, job applicant, or licensing applicant because of your membership in specific protected categories, including sexual orientation.

The Wisconsin Fair Employment Law defines "sexual orientation" as having a preference for heterosexuality, homosexuality or bisexuality, having a history of such a preference or being identified with such a preference.

What actions are covered?

When an employer makes an employment-related decision because of your sexual orientation it is unlawful discrimination. Specifically, the law prohibits discrimination in:

How does the law define sexual orientation?

The Wisconsin Fair Employment Law defines "sexual orientation" as having a preference for heterosexuality, homosexuality or bisexuality, having a history of such a preference or being identified with such a preference.

Who is protected?

The Wisconsin Fair Employment Law applies to all private and public employers and potential employers, regardless of the number of employees, except for federal government or tribal employers.

Can an employer or potential employer refuse to hire a person because of their sexual orientation?

No. The law prohibits discrimination because of being identified as a relative, friend or significant other of someone with a particular sexual orientation.

May an employer ask about an applicant's sexual orientation?

No. The Fair Employment Law prohibits any inquiry that implies or expresses any limitation because of a protected basis, including sexual orientation. Marital status discrimination is also prohibited under Wisconsin law and questions about marital status that are designed to detect your sexual orientation may violate both marital status and sexual orientation provisions of the law.

Am I protected if an employer or potential employer thinks my sexual orientation is different than it really is and acts on that perception?

Yes. It is illegal for an employer to discriminate against you based on perceived sexual orientation, even if the perception is wrong.

For more information