Tag Archives: Wisconsin Fair Employment Act

Employee Tip: Probable Cause Determination from ERD- Now What?

Many employees file discrimination complaints with Wisconsin’s Equal Rights Division (ERD) without retaining an attorney. If you are an ERD complainant without an attorney, and you just received a “probable cause” determination, you may be wondering “now what?” Or at least you should be. In the time following a probable cause determination, things will get more formal and legalistic. You should get the most information you can about what’s to come.

Below, I’ll discuss what a “probable cause” (PC) determination means, what a “no probable cause” (NPC) determination means, and what each determination may mean for you. Bad news first.

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Filed under Employee Tip - Considering a Legal Action, Employee Tip - Hiring an Attorney, Employee Tip - Preparing for Mediation

Corporate Rhetoric, the Decline of Individual Rights, and What You Can Do About It

If you listened only to corporate-based rhetoric, you would get the following impressions about individuals who sue organizations:

  • Frivolous lawsuits are out of control, and too many huge verdicts are being awarded to individuals who spill coffee on themselves and the like.
  • There are too many individuals- including employees, consumers, injured persons and attorneys- who are “extortionists,” and are filing frivolous lawsuits to look for a quick (and large) buck.
  • “Tort reform,” and restricting individuals’ access to the legal system, is needed, or else businesses may not financially survive.

As someone who works with individuals bringing legal claims, I see many problems with these concepts, which mischaracterize the state of the world as I experience it.

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Filed under Philosophy - Employee Rights

Employee Tip: Dealing With Sexual Harassment

If you are an employee in Wisconsin and feel you are (or were) being sexually-harassed, you should know the following:

(A) Know how the law defines sexual harassment;

(B) Keep proof (documentation or recordings);

(C) Learn your employer’s policies before complaining or taking action;

(D) Do not act angrily or righteously;

(E) Before complaining, consider the risks of retaliation;

(F) Proactively arrange for Plan B (e.g. a new job, or transfer to different boss); and

(G) Don’t quit because the employer tells you to.

This information is described in more detail below.

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Filed under Employee Tip - Considering a Legal Action, Employee Tip - Problems at Job

Employee Tip: Things to Consider Before Filing a Discrimination Complaint at the Wisconsin ERD or EEOC

If you are an employee thinking of filing a discrimination complaint with the Wisconsin Equal Rights Division (ERD) or the Equal Employment Opportunity Commission (EEOC), there are several things you may want to consider before submitting the complaint.

Please note this post does not provide legal advice- if you want legal advice, you should contact an attorney and discuss your specific circumstances. If you are interested in legal assistance from attorney-author Michael Brown for your matter, you can contact Mr. Brown and his law firm DVG Law Partner here:

First, you can review ERD’s website here for information about Wisconsin’s discrimination law, the Wisconsin Fair Employment Act (WFEA), and about filing a complaint at ERD. You can also review EEOC’s information about filing a complaint (also called a “charge”) here. Continue reading

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Employee Tip: Reducing Problems at Work Relating to Your Medical Condition

People with medical conditions often have unique requirements or problems arise at work. You should consider the following things to reduce the risk of problems.

Please note this post does not provide legal advice- if you want legal advice, you should contact an attorney and discuss your specific circumstances. If you are interested in legal assistance from attorney-author Michael Brown or his law firm DVG Law Partner for your matter, please contact them here:

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Employee Tip: Preparing for Mediation at the Equal Rights Division

If you have a discrimination complaint at the Equal Rights Division (ERD) and are scheduled for mediation (settlement discussions), you can prepare in the following ways to improve your chances of reaching a favorable settlement. While the information below is tailored to ERD proceedings, it should be useful for EEOC mediation and other types of mediation and/or settlement negotiations.

Please note this post does not provide legal advice- if you want legal advice, you should contact an attorney and discuss your specific circumstances. If you are interested in legal assistance from attorney-author Michael Brown for your matter, you can contact Mr. Brown and his law firm DVG Law Partner here:

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Filed under Employee Tip - Preparing for Mediation