Are you a veteran stuck in bewilderment regarding reporting harassment, intimidation or the like as discrimination? Please check out the ChatGPT Legal Assistant research available to you at no cost. Also, if you are a veteran in Dane County, Wisconsin, contact your local VA social worker who can help you navigate locating pro bono services.
ChatGPT Legal Assistant Thesis Question: What is the threshold that Wisconsin Fair Employment investigators use for determining disparate or pervasive treatment? Is there a document?
1. Disparate Treatment Under Wisconsin Law
Definition (Intentional Discrimination)
- Wisconsin’s Fair Employment Law makes it unlawful to treat employees or applicants less favorably in employment because of protected characteristics such as age, race, sex, disability, etc. if the adverse action is at least in part due to that protected status. Wisconsin Workforce Development
- This is similar to the federal disparate treatment concept: an intentional adverse decision based on a protected class. Wikipedia
Investigator Threshold
- There is no publicly-posted numeric or percentage “threshold” (e.g., “X number of instances”) that Wisconsin investigators use to decide disparate treatment. Rather, the Equal Rights Division looks at whether discriminatory intent or motivation can be inferred from the evidence — for example, whether a protected characteristic was a motivating factor in the adverse action.
- In practice this is often assessed through evidence such as comparative treatment of similarly situated employees and whether the protected trait influenced the decision.
Document Source
- The Wisconsin statute itself (Chapter 111, Sections 111.31–111.395) defines unlawful discrimination, but doesn’t set a numerical threshold. A widely disseminated Wisconsin Fair Employment Law poster summarizes what is unlawful but does not quantify thresholds. Wisconsin Workforce Development
🧠 2. Harassment / “Severe or Pervasive” Conduct in Wisconsin
State Law Standard
- For harassment (hostile work environment) under Wisconsin law, the conduct must be:
- Because of a protected characteristic, and
- More than a few isolated incidents or casual comments, involving a pattern of abusive, degrading conduct that interferes with work or creates an offensive/hostile environment. Wisconsin Workforce Development
This standard echoes “severe or pervasive” definitions used in federal law (e.g., Title VII) but under Wisconsin law is framed around pattern and workplace interference — again without a numeric cutoff.
📄 3. Official Guidance or Investigator Manuals
State Guidance
- Equal Rights Division User Guides exist for procedural and case-management matters, but not policy thresholds for substantive legal standards. Wisconsin Workforce Development
- Wisconsin DWD/ERD does not publish an investigator manual setting a precise numeric threshold for disparate treatment or harassment.
- The ERD Civil Rights webpages outline what constitutes discrimination and harassment but do not specify an exact “tests” or cut-off counts. Wisconsin Workforce Development
Secondary/Internal Documents
- Some informational documents (e.g., Fair Employment Law Basics or Equal Rights Decision Digest) summarize decisions and elements from past cases, which can be useful for research but are not policy manuals issued to investigators for threshold determinations. LIRC Wisconsin
📌 4. Analogous Federal EEOC Guidance (Useful for Context)
While not Wisconsin law, federal Equal Employment Opportunity Commission (EEOC) guidance on disparate and pervasive treatment — such as in hostile work environment claims — is often used as a reference in training or investigations:
- However, again, no specific numeric threshold is prescribed — assessments are fact-intensive and context-driven. EEOC
- “Severe or pervasive” harassment standards are explained in EEOC guidance (e.g., hostile environment harassment must be sufficiently severe or pervasive to alter terms/conditions of employment). EEOC
🧾 Summary
| Issue | Wisconsin Standard | Threshold / Document |
|---|---|---|
| Disparate Treatment | Intentional unfavorable treatment because of a protected class | No official numeric threshold; assessed factually |
| Harassment / Pervasive | Pattern of abusive conduct tied to protected status interfering with work | No automatic numerical cut-off; fact pattern evaluated |
| Policy / Manual | ERD provides process info and law summaries | No public “investigator threshold” manual found |
📌 Where to Find More Detailed Official Materials
Here are links you may review for statutory language and official explanations:
- Wisconsin ERD – Employment Discrimination Overview (Wisconsin DWD)
https://dwd.wisconsin.gov/er/civilrights/discrimination/ Wisconsin Workforce Development - Wisconsin Fair Employment Law (Poster – statutory summary)
https://dwd.wisconsin.gov/dwd/publications/erd/pdf/erd-4531-p.pdf Wisconsin Workforce Development - Harassment section (pattern and workplace impact)
https://dwd.wisconsin.gov/er/civilrights/discrimination/harassment.htm Wisconsin Workforce Development
The blog is a legal reference that does not constitute “giving legal advice,” rather is an informative tool to help veterans understand their rights protected under Wis. Stats. 111.32. Please contact the Wisconsin State Bar if you are seeking information regarding how to obtain counsel. The VA will help you overcome worry and fear and face the obstacle of advocating for military service fair employment.
If you have a tip, lead or need please contact the Outpost 422 evidence intake agency at Bob Cobb on Facebook. Bob is the Capitol Wolfwatch customer service connect who will walk with you each step anonymously.
Outpost 422 