In 2009, the Wisconsin Legislature enacted legislation (2009 WI Act 20), which for the first time imposed punitive and compensatory damages under the Wisconsin Fair Employment Law (WFEL), the law prohibiting discrimination in the workplace. Before 2009 WI Act 20, the WFEL allowed individuals to sue for back pay, reinstatement of the job, plus compensation for costs of bringing the suit and attorney fees.
WCJC and the entire business community actively opposed Act 20 because it added punitive and compensatory damages that went beyond what was allowed under federal law. Plus, WCJC felt that the current remedies were more than adequate.
During the 2011-12 legislative session, WCJC and the business community supported legislation (2011 WI 219) that repealed the punitive and compensatory damages that were included in 2009 WI Act 20. (Click here to read WCJC’s memo, “Myths vs. Facts” – SB 202: Eliminating Punitive and Compensatory Damages.”)
In the 2012 elections and recall of Gov. Walker, the Democrats used the repeal of the punitive and compensatory damages under the WFEL for the basis of its “War on Women” theme by arguing that Gov. Walker removed “equal pay for women.” Fortunately, PolitiFact (which is a unit of the Milwaukee Journal Sentinel), saw through this falsehood and labeled such statements as “False.” (Click here and here to view the “False” ratings by PolitiFact.)
Some politicians are once again picking up on the “War on Women” theme and continuing to argue that Gov. Walker repealed the “Equal Pay Act” when he signed into law 2011 WI 219.
Most recently, Democratic gubernatorial candidate Mary Burke alleged in a press release that Wisconsin is “one of five states without an equal pay law protecting women from gender discrimination in their paycheck.” Ms. Burke based this comment on the repeal of the 2009 punitive and compensatory damages law.
PolitiFact analyzed this statement, and not surprisingly, gave Ms. Burke a “False” rating. In its article, PolitiFact explained how the repeal of the punitive and compensatory damages law did not remove the ability of women to sue for workplace discrimination.
According to PolitiFact:
So the 2009 bill allowed persons to sue in court – and get compensatory and punitive damages – after they had exhausted their administrative cases in the state Department of Workforce Development.
But that 2009 law – the one repealed in 2012 by Walker and the Republicans – was a fairly narrow one focused on tougher enforcement of existing protections for women and other groups.
It did not establish a new set of equal-pay protections – those already were in the Fair Employment law, where they have ben since 1982 and where they remained even after the 2012 repeal.
…
But while Walker reversed an attempt to toughen up Wisconsin law, its protections against gender discrimination in workplace pay date back decades. The governor’s 2012 action left those in place, albeit without tougher penalties for employers.
We rate Burke’s claim False.