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How to Use This Digest

This Digest summarizes significant decisions under the Wisconsin Fair Employment Act, the Wisconsin Open Housing Law, the Wisconsin Public Accommodations and Amusements Law, and other related statutes within the program responsibilities of the Wisconsin Equal Rights Division (ERD). The decisions summarized include those of the former DILHR Industrial Commission, the Labor and Industry Review Commission (LIRC), the former Wisconsin Personnel Commission and the Wisconsin courts. Also included are summaries of selected decisions by ERD Administrative Judges under the Wisconsin Family Medical Leave Act and other laws which are directly appealable to circuit court. The decision summaries are organized according to subject matter, in reverse chronological order (most recent cases first). We have updated the Digest through January 31, 2024 with new cases of note. Any cases that have been added since the last Digest (updated January 31, 2023) are denoted by being printed in italics.

Users of the ERD Decision Digest are reminded that the Digest is intended only as an informational service and research aid. The decision summaries do not represent Departmental policy or interpretation. This is a finding tool intended to allow users to locate and identify law and cases significant enough to the issue being researched to merit reading the original decision.

Copies of unpublished decisions summarized in the Digest are generally available for inspection and copying in the offices of the ERD in Madison and Milwaukee. Copies of decisions of the Labor and Industry Review Commission are also available at the Commission's office and the LIRC website. As mentioned, they are also hyperlinked in the e-Digest for cases 2013 and more recent. This year we have added hundreds more hyperlinks for older cases and will continue to add more each year.

Person using this Digest to locate decisions to be cited to a court as authority should take note of sec. 809.23(3), Stats., which provides that an unpublished decision of the Court of Appeals issued before July 1, 2009 is of no precedential value and for that reason may not be cited in any court in this state as precedent or authority.

Copies of the Decision Digest may be purchased from Document Sales online.

Any comments or questions about the Decision Digest may be directed to Maria Selsor, the Bureau Director of Hearings & Mediations, at maria.selsor@dwd.wisconsin.gov or emailed to the Division's general mailbox ERINFO@dwd.wisconsin.gov.