849 Miscellaneous

[Ed. Note: 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)]

While the retaliatory use of a negative evaluation to affect a former employee’s job opportunities can form the basis of a discrimination complaint, such an allegation cannot be piggy-backed onto a separate complaint merely by characterizing it as evidence going to “damages” following a finding of liability. Swanson v. County of Chippewa (LIRC, 05/11/07).

Section 111.39(4)(c), Stats., provides that when there is a finding of a violation of sec. 111.322(2)(m), Stats., compensation (of not less than 500 times nor more than 1,000 times the hourly wage of the person discriminated against when the violation occurred) shall be awarded in lieu of reinstatement if requested by all parties, and may be awarded if requested by any party. This provision has no applicability where there was no request made by either party for an award of compensation in lieu of reinstatement. The Complainant here simply stated at the hearing that he was not seeking to be reinstated to employment with the Respondent. The Administrative Law Judge appropriately made a remedial order which directed the Respondent to pay the Complainant his lost pay and benefits from the date of his discharge until the date of the hearing. Grulke v. Q & E Constr. (LIRC, 08/10/06).

The Complainant established that she was discharged for opposing sexual harassment. However, she was not entitled to compensation in lieu of reinstatement under sec. 111.39(4)(c), Stats., because compensation in lieu of reinstatement may be awarded only on proof of a discharge for opposing a discriminatory practice under sec. 111.322(2m), Stats. Clark v. Golden Basket Rest. (LIRC, 05/28/96).