SB 541 — Relating to: actions in circuit court alleging discrimination in employment, unfair honesty testing, or unfair genetic testing. (FE)

Summary

An Act to amend 111.39 (4) (d), 111.39 (5) (b) and 814.04 (intro.); to create 111.39 (5) (d) and 111.397 of the statutes;

Bill Text

• Bill Text View text Current pdf

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill allows individuals to bring a civil action in circuit court for employment discrimination, unfair honesty testing, or unfair genetic testing, alongside or instead of filing an administrative complaint, and establishes limits on damages based on the size of the employer.

• 111.39 (4) (d)

  the department shall also serve a certified copy of the findings and order on the complainant, together with an order dismissing the complaint. → the department shall also serve a certified copy of the findings and order on the complainant, together with a notice advising the complainant about the right to seek, and the time for seeking, review by the commission under sub. (5); about the right to bring, and the time for bringing, an action for judicial review under s. 111.395; and about the right to bring, and the time for bringing, an action under s. 111.397 (1) (a).

  This change informs the complainant of their rights to seek various forms of review and action.

• 111.39 (5) (b)

  If no petition is filed the respondent or complainant does not file a petition under par. (a) within 21 days from the date that a copy of the findings and order of the examiner is mailed to the last-known address of the respondent served on that party, the findings and order shall be considered final for purposes of enforcement under sub. (4) (d). → If no petition is filed the respondent or complainant does not file a petition under par. (a) within 21 days from the date that a copy of the findings and order of the examiner is mailed to the last-known address of the respondent, the findings and order shall be considered final for purposes of enforcement under sub. (4) (d).

  This clarification specifies that the findings and order will be considered final if no timely petition is filed.

• 111.397 Civil action. (1) (a) Except as provided in this paragraph, the department or an individual alleged or found to have been discriminated against or subjected to unfair honesty testing or unfair genetic testing may bring an action in circuit court requesting the relief described in sub. (2) (a) against an employer, labor organization, or employment agency that is alleged or found to have engaged in that discrimination, unfair honesty testing, or unfair genetic testing.

  This addition allows individuals and the department to bring civil actions in circuit court for discrimination-related claims.

• 814.04 (intro.)

  814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 111.397 (2) (a), 115.80 (9), 767.553 (4) (d), 769.313, 802.05, 814.245, 895.035 (4), 895.044, 895.443 (3), 895.444 (2), 895.445 (3), 895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3), when allowed costs shall be as follows:

  This addition includes new provisions related to costs in actions under the new civil action established.

Action History

1. March 23, 2026

   Failed to pass pursuant to Senate Joint Resolution 1

2. December 09, 2025

   Fiscal estimate received

3. November 11, 2025

   Representative Johnson added as a cosponsor

4. October 17, 2025

   Read first time and referred to Committee on Government Operations, Labor and Economic Development

5. October 17, 2025

   Introduced by Senators L. Johnson, Carpenter, Dassler-Alfheim, Habush Sinykin, Hesselbein, Keyeski, Larson, Ratcliff, Roys, Smith, Spreitzer and Wirch; cosponsored by Representatives Sinicki, Sheehan, Goodwin, Hong, Andraca, Miresse, Arney, Bare, Brown, Anderson, Clancy, DeSmidt, Doyle, Joers, Kirsch, Madison, Mayadev, McCarville, Moore Omokunde, Ortiz-Velez, Phelps, Roe, Snodgrass, Stroud, Stubbs, Subeck, Tenorio, Fitzgerald and Udell

Sponsors

• Habush Sinykin · Cosponsor
• Sinicki · Cosponsor
• Sheehan · Cosponsor
• Goodwin · Cosponsor
• Hong · Cosponsor
• Andraca · Cosponsor
• Miresse · Cosponsor
• Arney · Cosponsor
• Bare · Cosponsor
• Brown · Cosponsor
• Clancy · Cosponsor
• DeSmidt · Cosponsor
• Doyle · Cosponsor
• Joers · Cosponsor
• Kirsch · Cosponsor
• Madison · Cosponsor
• Mayadev · Cosponsor
• McCarville · Cosponsor
• Moore Omokunde · Cosponsor
• Ortiz-Velez · Cosponsor
• Phelps · Cosponsor
• Roe · Cosponsor
• Snodgrass · Cosponsor
• Stroud · Cosponsor
• Stubbs · Cosponsor
• Subeck · Cosponsor
• Tenorio · Cosponsor
• Fitzgerald · Cosponsor
• Udell · Cosponsor
• LaTonya Johnson · Primary
• Tim Carpenter · Cosponsor
• Kristin Dassler-Alfheim · Cosponsor
• Dianne Hesselbein · Cosponsor
• Sarah Keyeski · Cosponsor
• Chris Larson · Cosponsor
• Melissa Ratcliff · Cosponsor
• Kelda Roys · Cosponsor
• Jeff Smith · Cosponsor
• Mark Spreitzer · Cosponsor
• Robert Wirch · Cosponsor
• J ANDERSON · Cosponsor

Subjects