DWD 218.06   Investigations.

DWD 218.07   Initial determination.

DWD 218.08   Appeal of initial determination of no probable cause.

DWD 218.09   Private settlement and conciliation.

DWD 218.10   Dismissal of complaint for lack of jurisdiction or other procedural basis following certification to hearing.

DWD 218.11   Notice of hearing.

DWD 218.12   Answer.

DWD 218.13   Pre-hearing conference.

DWD 218.14   Pre-hearing discovery.

DWD 218.15   Subpoenas and motions.

DWD 218.16   Disqualification of the administrative law judge.

DWD 218.17   Exchange of names of witnesses and copies of exhibits.

DWD 218.18   Hearings.

DWD 218.19   Record of hearing.

DWD 218.20   Decision and order.

DWD 218.21   Petition for review by the labor and industry review commission.

DWD 218.22   Pre-employment inquiries and employment records.

DWD 218.23   Posting requirement.

DWD 218.24   Pay status and witness fees for state employee parties and state employee witnesses.

DWD 218.25   Filing of documents by facsimile transmission or electronic mail.

Ch. DWD 218 Note Note: Chapter Ind 88 as it existed on June 30, 1995 was repealed and chapter ILHR 218 was created effective 7-1-95. Chapter ILHR 218 was renumbered chapter DWD 218 under s. 13.93 (2m) (b) 1., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, November, 1997, No. 503.

DWD 218.01 DWD 218.01 Purpose. The purpose of this chapter is to implement the provisions of ss. 16.009 (5) (d), 46.90 (4) (b), 50.07 (3) (b), 106.56, 111.31 to 111.395, 146.997, and 321.65 (7) (b), Stats. Sections 111.31 to 111.395, Stats., prohibit employment discrimination, unfair honesty testing, and unfair genetic testing. Section 16.009 (5), Stats., prohibits retaliation for reports to the Board on Aging and Long Term Care. Section 46.90 (4) (b), Stats., prohibits retaliation for reporting the abuse of an elderly person to a state or county agency. Section 50.07 (3) (b), Stats., prohibits retaliation for reports of abuse in care and service residential facilities. Section 146.997, Stats., prohibits retaliation against health care workers who report certain information about a health care facility or health care provider. Section 321.65 (7) (b), Stats., provides reemployment rights after national guard, state defense force, or public health emergency service. Section 106.56, Stats., prohibits discrimination on the basis of physical condition or developmental disability in post-secondary education. The goal of this chapter is to provide a constructive, impartial and speedy procedure for resolving disputes arising under these laws.

DWD 218.01 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95; CR 06-062: am. Register November 2006 No. 611, eff. 12-1-06; corrections made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.

DWD 218.02 DWD 218.02 Definitions. When used in this chapter or in the Wisconsin fair employment act:

DWD 218.02(1) (1) “Act” means the Wisconsin fair employment act, ss. 111.31 to 111.395, Stats.

DWD 218.02(2) (2) “Administrative law judge” means the examiner appointed to conduct hearings under the act.

DWD 218.02(2m) (2m) “Agency” means an office, department, independent agency, authority, institution, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts.

DWD 218.02(3) (3) “Complainant” means the person who files a complaint alleging that an action prohibited by the act has been committed.