116 Exclusivity of WFEA remedy

Common law torts recognized before the adoption of the Wisconsin Fair Employment Act, if properly pled independently of an employment discrimination claim, are not barred by the Act and such actions may be brought in Circuit Court. However, a claim of sexual harassment was properly dismissed by the Circuit Court because claims for sexual harassment did not exist at common law. Becker v. Automatic Garage Door Co., 156 Wis. 2d 409, 456 N.W.2d 888 (Ct. App. 1990).

Filing an administrative complaint with DILHR is the exclusive remedy to enforce the anti-discrimination provisions of the Act, and neither state nor federal courts have jurisdiction to consider the merits of such complaints unless by appeal from a final DILHR or LIRC order. Bachand v. Connecticut Gen. Life Ins., 101 Wis. 2d 617, 305 N.W.2d 149 (Ct. App. 1981).

A Complainant could not seek tort damages in court for mental anguish arising out of her Wisconsin Fair Employment Act claim for employment discrimination based on sex. Yanta v. Montgomery Ward Co., 66 Wis. 2d 53, 224 N.W.2d 389 (1974).