Punitive and Compensatory Damages Reform: S.B. 202 (2012)
Eliminates punitive and compensatory damages under the Wisconsin Fair Employment
Eliminates punitive and compensatory damages under the Wisconsin Fair Employment Act (WFEA) – a 2009 invention in Wisconsin law. This forced Wisconsin employers to not only defend WFEA claims in the administrative hearing process, but also then re-litigate the same case in State Court in a full jury trial (or in a new trial to the court) in defense of potential punitive and compensatory damages, and additional costs and attorney fees. At the same time, Wisconsin employers continue to be forced to defend simultaneously cross-filed claims under federal laws based on the same facts and alleged types of claims before federal agencies, and then in state or federal court under federal law. The types of damages WFEA made available are already accessible under several federal statutes under which much litigation comes.
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