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551.2 Which entities are covered

[Ed. Note: Some of the cases summarized in this section were decided under the Wisconsin Fair Employment Act. They are included here for guidance they may provide for questions about which entities are subject to suit under the State Employee Whistleblower Law].

The State of Wisconsin is not considered a single employing entity. Wongkit v. UW-Madison (Wis. Pers. Comm'n, 10/21/98).

The Complainant was not permitted to amend his whistleblower complaint to include the State of Wisconsin as an additional Respondent. There was clear evidence of a legislative intent not to permit the State the Wisconsin to be named as a Respondent in a complaint of whistleblower retaliation. Oriedo v. DPI (Wis. Pers. Comm'n, 08/12/98).

Madison Area Technical College, a district technical school authorized under chapter 38, Stats., is not an agency of the state for the purpose of the Wisconsin Fair Employment Act. Thomas v. Madison Area Tech. College (Wis. Pers. Comm'n, 08/04/95).

Private Industry Councils are created by federal, not state law, so they are not state agencies as defined in the Wisconsin Fair Employment Act. Kemp v. DILHR (Wis. Pers. Comm., 03/02/95).

The Wisconsin Housing and Economic Development Authority is not a state agency for purposes of the Wisconsin Fair Employment Act. Connor v. WHEDA (Wis. Pers. Comm'n, 12/14/94).

The Department of Employee Relations was properly a party to a whistleblower claim where it was alleged that it violated the Whistleblower Law with respect to the determination of the Complainant’s protective occupation status. Pierce v. Wis. Lottery & DER (Wis. Pers. Comm'n, 09/17/93).

The Medical College of Wisconsin is not a state agency for the purpose of processing complaints of discrimination or retaliation under the Wisconsin Fair Employment Act. Niroomand-Rad v. Med. Coll. of Wis. (Wis. Pers. Comm'n, 05/05/88).