https://docs.legis.wisconsin.gov/document/statutes/106.50(6)(h).]"/> ER Decision Digest - 834.4 Remedies for emotional harm in administrative forum Skip main navigation

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834.4 Remedies for emotional harm in administrative forum

[Ed. Note: The Wisconsin Open Housing Law, Wis. State 106.50, allows for economic and noneconomic (compensatory) damages, injunctive relief, forfeiture, attorneys fees and costs. https://docs.legis.wisconsin.gov/document/statutes/106.50(6)(h).]

Legal damages, as opposed to equitable relief, are not available under the Wisconsin Fair Employment Act. The Act provides for “make whole” remedies such as back pay only. Hentges v. Dep’t of Regulation & Licensing (LIRC, 01/12/96).

There is no authority for awards of damages for emotional distress and similar injuries under the Wisconsin Fair Employment Act. The Act provides for “make whole” type remedies such as back pay only. Kesterson v. DILHR (Wis. Pers. Comm’n, 04/04/88).

The Act does not provide a remedy, either from DILHR or through a private cause of action, for emotional distress resulting from discrimination. While Yanta v. Montgomery Ward, 66 Wis. 2d 53 (1974) indicates that recovery for emotional harm in the absence of physical injuries may be possible if certain criteria are met, that recovery is separate and distinct from any remedy sanctioned by the Act. Bachand v. Connecticut Gen. Life, 101 Wis. 2d 617, 305 N.W.2d 149 (Ct. App. 1981).