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Can my employer fire me for being gay under Wisconsin employment and discrimination laws

can empolyee fire me for my sexuality

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Attorney answers (4)

Reputation Level 12
No. Absolutely not.

Under Wis. Stat. § 111.32(13m), an employer cannot discriminate against you due to your sexual orientation.

The statute is located here:

www.legis.state.wi.us/statutes/Stat0111.pdf

If you have been terminated on that basis, you should discuss your case with the Wisconsin Department of Workforce Development, Equal Opportunity Commission, or EEOC.

DWD can be accessed here: http://www.dwd.state.wi.us/er/discrimination_ci...

EEOC can be accessed here:
http://www.eeocoffice.com/States/wisconsin/wisc...


Note: This is general information and does not constitute legal advice. I do not represent you and you should consider retaining an attorney to protect and advance your rights.

Best of luck to you.
1 person marked this answer as good

Reputation Level 12
No edit feature on these answer forms, unfortunately.

The statute cited above is incorrect. Here is the relevant provision, although other provisions within Chapter 111 touch on this issue:

111.321 Prohibited bases of discrimination. Subject to
ss. 111.33 to 111.36, no employer.....or other person may engage in any
act of employment discrimination as specified in s. 111.322
against any individual on the basis of .... sex....

111.36 Sex, sexual orientation; exceptions and special
cases. (1) Employment discrimination because of sex includes,
but is not limited to, any of the following actions by any employer...
(a) Discriminating against any individual in promotion, compensation
paid for equal or substantially similar work, or in terms,
conditions or privileges of employment or licensing on the basis
of sex where sex is not a bona fide occupational qualification.
(b) Engaging in sexual harassment; or implicitly or explicitly
making or permitting acquiescence in or submission to sexual
harassment a term or condition of employment; or making or permitting
acquiescence in, submission to or rejection of sexual
harassment the basis or any part of the basis for any employment
decision affecting an employee, other than an employment decision
that is disciplinary action against an employee for engaging
in sexual harassment in violation of this paragraph; or permitting
sexual harassment to have the purpose or effect of substantially
interfering with an employee’s work performance or of creating
an intimidating, hostile or offensive work environment. Under
this paragraph, substantial interference with an employee’s work
performance or creation of an intimidating, hostile or offensive
work environment is established when the conduct is such that a
reasonable person under the same circumstances as the employee
would consider the conduct sufficiently severe or pervasive to
interfere substantially with the person’s work performance or to
create an intimidating, hostile or offensive work environment.
1 person marked this answer as good

Reputation Level 8
No. Wisconsin law prohibits an employer from discriminating in employment on the basis of sexual orientation.

Reputation Level 8
Wisconsin Statute Section 111.321 -- Prohibited bases of discrimination. Subject to ss. 111.33 to 111.36, no employer, labor organization, employment agency, licensing agency, or other person may engage in any act of employment discrimination as specified in s. 111.322 against any individual on the basis of age, race, creed, color, disability, marital status, sex, national origin, ancestry, arrest record, conviction record, military service, or use or nonuse of lawful products off the employer's premises during nonworking hours.

111.321 - ANNOT.
NOTE: See 111.36 for definition of sex discrimination.

Wisconsin Statute 111.36 is a bit lengthy, so the link follows, with citations to "sexual orientation" and annotations to the statute.

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